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Full text of "North Carolina Register v. 1 no. 9 (12/15/1986)"

BeCEIVEO 

PEC '! 1388 
UW LIBRART. 






The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 




CORRECTIONS 

FINAL DECISION LETTERS 

ATTORNEY GENERAL'S OPINIONS 

PROPOSED RULES 
Administration 
Commerce 
CC&PS 
Housing Finance 
Human Resources 
NR& CD 
Social Work 
State Personnel 

FINAL RULES 
Corrections 
Revenue 

LIST OF RULES AFFECTED 

ISSUE DATE: DECEMBER 15, 1986 
Volume 1 • Issue 9 • Pages 599-670 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published monthly and 
coniains informaiion relaiing to agency, executive, legislative and 
judicial actions required by or atfeciing Chapter 150B of the 
General Statutes All proposed adminisiraiive rules and amend- 
ments filed under Chapter I50B must be published in the Register 
The Register will typically comprise approximately one hundred 
pages per issue of legal text. 

State law requires that a copy of each issue be provided free 
of charge to each county in the state and to various state officials 
and institutions. The North Carolina Register is available by 
yearly subscription at a cost of ninety-five dollars ($95 00) for 
12 issues. 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings. P O 
Drawer 11666. Raleigh, N. C 27604, Attn Subscriptions 



ADOPTION, AMENDMENT, AND REPEAL OF RULES 

An agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action m the North Carolina 
Register The nonce must include a reference to the Statutory 
Authority for the action; the time and place of the public hearing 
and a statement of how public comments may be submitted to 
the agency either at the hearing or otherwise; the text of the 
proposed rule or amendment, and the proposed effective date 

The Director of the Office of Administrative Hearings has 
authority to publish a summary, rather than the full text, of any 
amendment which is considered to be too lengthy In such case, 
the full text of the rule containing the proposed amendment w ill 
be available for public inspection at the Rules Division of the 
Office of Administrative Hearings and at the office of the 
promulgating agency 

Following publication of the proposal in the North Carolina 
Register, at least 60 days must elapse before the agency may take 
action on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency must file 
any adopted or amended rule with the Office of .Administrative 
Hearings. If it differs substantially from the proposed form 
published as part of the public notice, the adopted version will 
again be published in the North Carolina Register 

A rule, or amended rule, cannot become effective earlier than 
the first day of the second calendar month after the adoption is 
filed, 

Projxised action on rules may be withdrawn by the pro- 
mulgating agency at any time before final action is taken by the 
agency 



TEMPORARY RULES 

Under certain conditions of an emergency nature, some 
agencies may issue temporary rules A temporary rule becomes 
effective when adopted and remains in effect for the period 
specified in the rule or 120 days, whichever is less. An agency 
adopting a temporary rule must begin normal rule-making 
procedures on the peimanent rule at the same time the temporary 
mle is adopted. 



NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 stale 
agencies and 38 occupational licensing boards The NCAC 
comprises approximately 15,000 letter size, single spaced pages 
of material of which approximately .15^ is changed annually. 
Compilation and publication of the NCAC is mandated by G S 
l50B-63(b) 

The Code is divided intt) Titles and Chapters tach state agency 
IS assigned a separate title which is funher broken down by 
chapters Title 2 1 is designa;>d for (xxupational licensing boards. 

The NCAC is available in two formats 

( 1 ) In looseleaf pages at a minimum cost of two dollars and 
50 cents (52 50) for 10 pages or less, plus fifteen cents 
($0 15) per each additional page 

(2) On microfiche The microfiche edition is revised semi- 
annually ( March and October) and can be purchased for 
forty dollars ($40 OOi per edition Due to the volume 
of the Code, the complete copy can only be purchased on 
microfiche The NCAC on microfiche is updated 
monthly by publication of a "List of Rules Affected' 
which ^ets out rules filed the previous month, the action 
taken, and the effective date of the change This list is 
published in the North Carolina Register 

Requests for looseleaf pages of rules I'r the NCAC on 
microfiche should be directed to the Office of Administrative 
Hearings 



NOTE 

The foregoing is a generalized statement of the procedures to 
be followed For specific statutory language, it is suggested that 
Anicles 2 and 5 of Chapter 1508 of the General Statutes by 
examined carefully. 



CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date 1:1 NCR 101-201, April I, 1986 refers to 
Volume I , Issue 1 , pages 101 through 201 of the North Carolina 
Register issued on April 1. 1986. 



North Carolina Register Published monthly by the 
Office of Administrative Hearings, P. O. Drawer 1 1666, 
Raleigh, Nonh Carolina 27604, pursuant to Chapter I50B 
of the General Statutes Subscriptions ninety-five dollars 
($95 00) per year 

North Carolina Administrative Code Published in 
March and October by the Office of Administrative 
Hearings. P. O. Drawer 11666, Raleigh, North Carolina 
27604, pursuant to Chapter 150B of the General Statutes. 
Subscriptions forty dollars ($40.00) per edition. 



NORTH CAROLINA REGISTER 



ISSUE CONTENTS 




I. CORRECTION 
Agriculture 
Structural Pest Control . 



II. FINAL DECISION LETTER 
Voting Rights Act . . 



Ill, 



ATTORNEY GENERAL'S OPINIONS 
Employees Insurance 
Committees 



Office of Administrative Hearings 
P. 0. Drawer 11666 
Raleigh, NC 27604 
(919) 733 - 2678 



Staff I 

Robert A. Melott, 

Director 
James R. Scarcella, 

Deputy Director 
Molly Mason, 

Codifier of Rules 
Ruby Creech, 

Publications Coordinator 
Mary Fowler, 

Editorial Assistant 
Teresa Johnson, 

Editorial Assistant 
Tammy Poole, 

Records Clerk 



599 



600 



603 



IV. PROPOSED RULES 

Administration 
Administrative Analysis . 614 
Auxiliary Services . . . .611 

Departmental 606 

Public Telecommunications .614 

Commerce 
ABC Commission 615 

Crime Control & 

Public Safety 
ALE 631 

Human Resources 

Day Care 631 

Social Services 616 

Independent Agencies 
Housing Finance 658 

NR&CD 
Environmental Management. 632 
Wildlife 634 

Social Work Cert 653 

State Personnel 659 

V. FINAL RULES 

Corrections 

Prisons 661 

Parole 663 

Revenue 
Departmental 663 

VI. LIST OF RULES AFFECTED 

Volume 11, No. 2 665 

(December 1, 1986) 

VII. CUMULATIVE INDEX 667 



NORTH CAROLINA REGISTER 
Publication Deadlines and Schedules 
(April 1986 - March 1987) 



Issue 


Last Day 


Last Day 


Earliest 


Earliest 


Earliest 


Date 


for 


for 


Date for 


Date for 


Effective 




Filing 


Electronic 


Public 


Adoption 


Date 






Filing 


Hearing 


by Agency 




04/15/86 


03/25/86 


04/01/86 


05/15/86 


06/14/86 


08/01/86 


05/15/86 


04/24/86 


05/01/86 


06/14/86 


07/14/86 


09/01/86 


06/16/86 


05/27/86 


06/03/86 


07/16/86 


08/15/86 


10/01/86 


07/15/86 


06/25/86 


07/02/86 


08/14/86 


09/13/86 


11/01/86 


08/15/86 


07/28/86 


08/04/86 


09/14/86 


10/14/86 


12/01/86 


09/15/86 


08/26/86 


09/02/86 


10/15/86 


11/14/86 


01/01/87 


10/15/86 


09/25/86 


10/02/86 


n/14/86 


12/14/86 


02/01/87 


11/14/85 


10/23/86 


10/30/86 


12/14/86 


01/13/87 


03/01/87 


12/15/86 


11/25/86 


12/02/86 


01/14/87 


02/13/87 


04/01/87 


01/15/87 


12/29/86 


01/05/87 


02/14/87 


03/16/87 


05/01/87 


02/16/87 


01/26/87 


02/02/87 


03/18/87 


04/17/87 


06/01/87 


03/16/87 


02/23/87 


03/02/87 


04/15/87 


05/15/87 


07/01/87 



CORRECTION 

CORRECTION FOR NOTICE OF THE DEPARTMENT OF AGRICULTURE, STRUCTURAL 
PEST CONTROL COMMITTEE HEARING PUBLISHED IN THE NORTH CAROLINA 
REGISTER, VOLUME 1, ISSUE 8, NOVEMBER 15, 1986. On page 557 the 
notice should have read: 

Notice is hereby given in accordance with G.S. 150B-12 that the 
Structural Pest Control Committee intends to amend regulation cited 
as 2 NCAC 34 .0602(a) and .0904(g). 

The proposed effective date is June 1, 1987. 

Statutory Authority: G.S. 106-65.29. 

The public hearing will be conducted at 9:00 a.m. on January 6, 
1987, in the Board Room, Agriculture Building, 1 W. Edenton Street, 
Raleigh, N.C. 

Comment Procedures: Interested persons may present statements 
either orally or in writing at the public hearing or in writing 
prior to the hearing by mail addressed to David S. Mcleod, Chairman 
of the Structural Pest Control Committee, P. 0. Box 27647, Raleigh, 
North Carolina 27611. 



NORTH CAROLINA REGISTER 599 



VOTING RIGHTS ACT FINAL DECISION LETTER 

[G.S. 120-30. 9H, effective July 16, 1986, requires that all letters 
and other documents issued by the Attorney General of the United 
States in which a final decision is made concerning a "change 
affecting voting" under Section 5 of the Voting Rights Act of 1965 be 
published in the North Carolina Register.] 



U.S. Department of Justice 
Washington, D.C. 20530 



WBR : LLT ! RA : gmh 
DJ 166-012-3 
R1029; R2185-2191 
P7641-7642 



October 17, 1986 



Richard J. Rose, Esq. 

Poyner & Spruill 

P. 0. Box 353 

Rocky Mount, NC 27802-0353 

Dear Mr. Rose: 

This refers to the nine annexations (Ordinance Nos. 0-86-14, 
0-86-15, 0-86-16, 0-86-17, 0-86-18, 0-86-19, 0-86-20, 0-86-32, and 
0-86-46) and the designation of the annexed areas to Wards 5 and 7 for 
the City of Rocky Mount in Edgecombe and Nash Counties, North 
Carolina, submitted to the Attorney General pursuant to Section 5 of 
the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We 
received your submissions on July 14 and August 18, 1986. 

The Attorney General does not interpose any objections to the 
changes in question. However, we feel a responsibility to point out 
that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent 
judicial action to enjoin the enforcement of such changes. See the 
Procedures for the Administration of Section 5 (28 C.F.R. 51.48). 

Sincerely, 

Wm . Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



600 NORTH CAROLINA REGISTER 



U.S. Department of Justice 
Washington, D.C. 20530 



WBR : LLT : TGL : sw I 
DJ 166-012-3 
R0480 
R1401; R2641 



gmh 



October 29, 1986 

David A. Holec, Esq. 
City Attorney 
P.O. Box 1388 
Lumberton, NC 28359-1388 

Dear Mr. Holec: 

This refers to the August 4, 1986, and September 15, 1986, 
annexations to the City of Lumberton in Robeson County, North 
Carolina, submitted to the Attorney General pursuant to Section 5 of 
the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We 
received your submissions on September 2 and October 6, 1986. 



The Attorney General does not 
changes in question. However, we f 
that Section 5 of the Voting Right 
failure of the Attorney General to o 
judicial action to enjoin the en 
addition, as authorized by Section 
the right to reexamine this submiss 
would otherwise require an objection 
remainder of the sixty-day review pe 
Administration of Section 5 (28 C.F 



interpose any objections to the 
eel a responsibility to point out 
s Act expressly provides that the 
bject does not bar any subsequent 
forcement of such changes. In 
5, the Attorney General reserves 
ion if additional information that 

comes to his attention during the 
riod. See the Procedures for the 
R. 51 .42 and 51 .48). 

Sincerely, 



By; 



Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 



Gerald W. Jones 
Chief, Voting Section 



NORTH CAROLINA REGISTER 



601 



WBRiSSC:TGL:gmh 
DJ 166-012-3 
R1384-1390 



U.S. Department of Justice 
Washington, D.C. 20530 



November 24, 1986 



Robert C. Cogswell, Jr., Esq. 
City Attorney 
P. 0. Box 1513 
Fayetteville, NC 28302-1513 

Dear Mr. Cogswell: 

This refers to the six annexations (Ordinance Nos. 86-7-296, 
86-7-297, 86-7-298, 86-7-299, 86-7-300, 86-9-301) and the designation 
of the annexed areas to city council Districts 1 and 5 for the City of 
Fayetteville in Cumberland County, North Carolina, submitted to the 
Attorney General pursuant to Section 5 of the Voting Rights Act of 
1965, as amended, 42 U.S.C. 1973c. We received your submission on 
September 25, 1986. 

The Attorney General does not interpose any objections to the 
changes in question. However, we feel a responsibility to point out 
that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent 
judicial action to enjoin the enforcement of such changes. See the 
Procedures for the Administration of Section 5 (28 C.F.R. 51.48). 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



602 NORTH CAROLINA RECISTER 



ATTORNEY GENERAL'S OPINIONS 



[Opinions of the Attorney General that interpret or affect Chapter 
150B of the General Statutes are published as requested by G.S. 
150B-63(d1).] 

State of North Carolina 

Department of Justice 

P. 0. Box 629 

Raleigh, NC 27602-0629 

Administrative Procedures Act; Rulemaking Requirements; 
Employee Insurance Committees 

Elizabeth H. Drury 

Director, Office of Legislative and Legal Affairs 

Department of Human Resources 



SUBJECT: 



REQUESTED 

BY: 



QUESTIONS : (1) 



Does the APA definition of a "rule" in N.C. Gen. 
Stat. 150B-2(8)a include procedures to be followed in 
fulfilling the statutory mandates of N.C. Gen. Stat. 
58-194.3? 



CONCLUSION: 



(2) If the answer to question 1 is "yes", does the 
Department of Human Resources have the requisite 
rulemaking authority under N.C. Gen. Stat. 150B-9 to 
adopt rules pertaining to N.C. Gen. Stat. 58- 194.3 
for all twenty-four payroll units within the 
Department of Human Resources and would the adoption 
of such rules be consistent with the autonomy 
provisions in N.C. Gen. Stat. 58-194.3? 

(3) If the answers to questions 1 and 2 are yes, are 

the following functions prescribed by N.C. Gen. 
Stat. 58-194.3 proper subjects for rulemaking: 

a. The manner in which the Insurance Committee 
determines employees' needs and desires; 

b. The manner in which the Insurance Committee 
publishes or otherwise requests proposals from 
insurance providers; 

c. The manner in which the Insurance Committee 
receives, considers and selects insurance 
proposals submitted to it; and 

d. Contractual provisions to be included in the 
contract with the provider selected by the 
Insurance Committee including contractual 
provisions pertaining to the term of the 
contract, whether the selected provider is the 
exclusive provider of a particular type of 
insurance, and the procedures for soliciting 
business from employees in the payroll unit? 

(1) Yes, if the Employee Insurance Committee establishes 
procedures to supplement those G.S. 58-194.3. 

(2) No, the rules would be adopted by the respective 
committees and organized within the Department's 
chapter in the North Carolina Administrative Code. 
The Department would act within its authority if 
procedures were established for the selection of 
committee members. 

(3) Yes, if the committee establishes formal or informal 
procedures on any listed subject and requires 
compliance therewith by its members or contract 
providers . 



NORTH CAROLINA REGISTER 



603 



G.S. 58-194 .3, enacted in the 1985 Session of the General 
Assembly, required the establishment of Employee Insurance 
Committees by the heads of payroll units. The duties and 
powers of the committees are set forth in the enabling 
legislation. The 1986 amendments to the statute are not 
pertinent to this inquiry. 

G . S . 58-1 94 . 3(b ) provides the method for appointment of 
committee members. That duty and power is vested in the 
head of the payroll unit . The head of the payroll unit is 
charged with duty of selecting a committee that is "fairly 
representative of the work force." 

The queries raised require further refinement to provide 
better analytical clarity. Accordingly, new subsidiary 
questions are stated and addressed in the remainder of the 
opinion . 

The predicate question to Question 1 is "Must Employee 
Insurance Committees adopt regulations that more 
specifically detail procedures to be used in the discharge 
of their duties as a prerequisite to exercising their 
statutorily conferred powers?" The answer to that query is 
"No." The enabling statutes are sufficiently specific to 
permit operation without further procedures and do not 
condition exercise of the authority on the prior adoption of 
regulations. The second issue raised by Question 1 is "When 
must a committee adopt regulations?" The answer to that 
issue derives from Chapter 150B. G.S. 150B-2(8a), the 
definition of "rule," must be read in conjunction with G.S. 
1508-11(1) to comprehend the full breadth of the term 
"rule". When the two sections are read together, it is 
apparent that any procedures, whether formal or informal, 
that directly or substantially affect the rights or 
procedures or non-agency persons must be adopted as rules . 
As G.S. 150B-11(1) indicates, any forms developed by the 
committees for use in performance of their duties must be 
listed in duly adopted regulations. Thus, when the 
committees establish procedures that affect the rights or 
procedures of others, they must be codified as rules. 
Should the committees elect to operate by the procedural 
process established in the enabling statutes, no rule 
adoptions are necessary. 

The second query likewise raises several issues. G.S. 
58-194.3 does not include a specific grant of rulemaking 
authority. As the prefatory paragraphs indicate, it confers 
powers and duties on both the committee and the head of the 
payroll unit . Our appellate courts have recognized that 
state agencies inherently have the power to take actions 
necessary to the discharge of their duties when the 
statutory authority has not been specifically conferred. In 
re Community Association, 300 NC, 267, 280, 266 S.E.2d 
(1980); Charlotte Liberty Mutual Ins. Co. v. State ex. rel 
Lanier, 16 NC App 381, 192 SE2d 57 (1972). When that 
principle is read with the requirements of G.S. 150B-2(8a) 
and -11(1), it is apparent that every state agency has the 
inherent authority and duty to draft necessary regulations. 
Since the committees have rule making and limited 
quasi-judicial powers [see G.S. 58-194(b)], they are 
"agencies" within the meaning of G.S. 150B-2(1). (see 
footnote below) 

The Administrative Procedure Act contains a significant, and 
controlling, limit on the exercise of rulemaking authority 
by agencies. 

Each agency shall adopt, amend, suspend or repeal its 
rules in accordance with the procedures specified in 
this Article and pursuant to authority delegated by law 
and in full compliance with its duties and delegations. 
No agency may adopt any rule that implements or 
interprets any statute or legislative enactment unless 
the power, duty, or authority to carry out the 

604 NORTH CAROLINA REGISTER 



provisions of the statute or enactment is specifically 
conferred on the agency in the enactment, nor may any 
agency make any rule enlarging the scope of any trade or 
profession subject to licensing. G.S. 150B-9(b). 

In the present matter, the Department's rulemaking authority 
would be limited to oversight of its payroll unit heads in 
the exercise of their authority to select committee members. 
To the extent the Department's financial division imposes 
budget policies and procedures on insurance providers, they 
are exempt from the definition of rule. See G.S. 
150B-2(8a), b. and d. However, any forms used to implement 
this aspect of the payroll deduction program may need to be 
listed in rules to satisfy G.S. 1508-11(1). The 
Department's rulemaking authority is further established by 
the general authority conferred on Department heads by G.S. 
143B-10. Accordingly, items specified in Question 3 are 
within the scope of the rule- making authority of the 
Employee Insurance Committee rather than the Department or 
the payroll unit heads. 

LACY H. THORNBURG, Attorney General 

Daniel F. McLawhorn 

Special Deputy Attorney General 

FOOTNOTE: The functions of the entity determine whether it is an 

"agency" rather than the ommission of the word "committee" 
from the definition of "agency" at G.S. 150B-2(1). 
Commissioner of Insurance v. Rate Bureau, 300 NC 381 , 269 
SE2d 547, (1980); State v. Matthews, 270 NC 35, 153 SE2d 
791 (1967). Compare G.S. 150B-2(1) to the definition of 
"public body" in the Open Meetings Law at G.S. 143B-318.10 
which includes the term "committee." 



NORTH CAROLINA REGISTER 605 



PROPOSED RULES 

TITLE 1 - DEPARTMENT OF 
ADMINISTRATION 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Department of 
Administration intends to adopt, 
amend, repeal regulations cited 
as 1 NCAC lA .0101 - .0207; 
.0304 - .0305; IB .0101 - .0701. 

The proposed effective date of 
this action is April 1, 1987. 

Statutory Authority: G.S. 
143B-6; 143B-367; 143B-368; 
143B-9,10; 143-340(18). 

The public hearing will be 
conducted at 10:00 a.m. on 
January 20, 1987 at Advisory 
Budget Commission Conference 
Room, 5th Floor, Administration 
Building, 116 West Jones Street, 
Raleigh, N.C. 27611 . 

Comment Procedures: Any 
interested person may present 
his or her views and comments 
either in writing prior to or at 
the hearing or orally at the 
hearing. Any person may request 
information, permission to be 
heard or copies of the proposed 
Regulations by writing or 
calling 733-7232. 

CHAPTER 1 - DEPARTMENTAL RULES 

SUBCHAPTER 1A - ORGANIZATION 
OF THE DEPARTMENT 

SECTION .0100 - IDENTIFYING 
INFORMATION AND FUNCTIONS 

.0101 IDENTIFYING INFORMATION 

(REPEALED) 
.0102 DEPARTMENTAL FUNCTIONS 

(REPEALED) 
.0103 STRUCTURE OF THE 

DEPARTMENT (REPEALED) 



SECTION .0200 



OFFICE OF THE 
SECRETARY 



,0201 
.0202 
.0203 
.0204 

,0205 
,0206 

,0207 



SECTION 



FUNCTION (REPEALED) 
DELEGATIONS (REPEALED) 
CONTROLLER (REPEALED) 
PERSONNEL OFFICER 

(REPEALED) 
INFORMATION (REPEALED) 
WORKMEN'S COMPENSATION 

(REPEALED) 
PARKING SPACE 

ASSIGNMENTS (REPEALED) 

,0300 - DEPARTMENTAL 
PERSONNEL PROCEDURES 



office prepares weekly job 
vacancy lists for circulation 
accordin g tv t+t« affirmative 
ac t ion plan in accordance with 
affirmative action policies. 
All inquiries regarding this 
list shall be directed to the 
personnel officer. 

.0305 EMPLOYEE GRIEVANCE 
PROCEDURE 

The department adopts by 
reference the minimum procedural 
requirements for a departmental 
grievance as prescribed by the 
divisi o n office of state 
personnel N€A€ &J .0503 
recodified as 25 NCAC 1 with the 
following exceptions: 

(1) The department grievance 
committee shall consist of at 
least three and not more than 
five employees of the 
department chosen at random 
by personnel officer 
according to Subsection (2) 
of this Rule . 

(2) At least one employee 
shall be in the same pay 
grade as the employee whose 
grievance will be heard. No 
two employees shall be from 
the same operating unit. 

(3) The aggrieved employee 
may remove two members of the 
committee without cause and 
may challenge other members 
for cause. Such challenges 
must be submitted to the 
secretary in writing at least 
three days prior to the 
hearing. The secretary or 
personnel officer will then 
assign replacements to the 
committee . 

(4) Hearings conducted by the 
department grievance 
committee shall be informal 
and not subject to the 
provisions of Chapter 150B of 
the General Statutes. 

(5) Recommendations of the 
committee shall be prepared 
in executive session and 
submitted to the secretary 
via the personnel officer in 
writing within five working 
days following the hearing. 

(6) A member of the committee 
who disagrees with the 
findings of the majority may 
submit a dissenting opinion 
to the secretary. 

SUBCHAPTER IB - DEPARTMENTAL 
ADMINISTRATIVE PROCEDURES 



SECTION 



.0100 - GENERAL 

INFORMATION 



.0304 VACANCY LISTS 

The departmental personnel 



.0101 SCOPE OF RULES 

(REPEALED) 
.0102 SUBMITTING THE 

PETITION (REPEALED) 



606 



NORTH CAROLINA REfJISTER 



.0103 CONTENTS OF PETITION 

(REPEALED) 
.0104 DISPOSITION OF 

PETITIONS (REPEALED) 
.0105 TIMING OF NOTICE 

(REPEALED) 
.0106 ADDITIONAL 

INFORMATION (REPEALED) 

.0107 SCOPE OF RULES 
These rules establish basic 
minimum procedures for the 
adoption, amendment or repeal of 
administrative rules and shall 
apply to all elements of the 
Department of Administration 
unless specifically provided 
otherwise . 

.0108 ORGANIZATION OF CHAPTER 

(a) Sections .0200 through 
.0500 of this Subchapter 

pertain to the agency's 
procedures for adopting, 
amending, or repealing rules 
pursuant to the requirements of 
G.S. 150B-12. 

(b) Section .0600 of this 
Subchapter deals with the 
issuance of declaratory ruling 
under the authority of G.S. 
150B-17. 

(c) Section .0700 concerns 
the procedures for 
Administrative Hearings and 
adopts by reference Title 22 
Subchapter 2C of the N.C. 
Administrative Code prusuant to 
the requirements of G.S, 
150B-14. 



SECTION .0200 



PETITION FOR 
RULEMAKING 



.0201 HEARING LOCATION 

(REPEALED) 
.0202 WRITTEN SUBMISSIONS 

(REPEALED) 
.0203 PRESIDING OFFICER: 

POWERS AND DUTIES 

(REPEALED) 
.0204 STATEMENT OF REASONS 

FOR DECISION (REPEALED) 
.0205 RECORD OF PROCEDURES 

(REPEALED) 
.0206 EMERGENCY RULES 

(REPEALED) 

.0207 SUBMITTING THE PETITION 
Any person wishing to submit a 
petition requesting the 
adoption, amendment or repeal of 
a rule by the Department of 
Administration or any of its 
elements shall address a 
petition to: Secretary, 
Department of Administration, 
116 West Jones Street, Raleigh, 
North Carolina 27611. The 
container of the petition should 
clearly bear the notation: 
RULEMAKING PETITION RE and then 
the subject area. 



.0208 CONTENTS OF PETITION 
The petition should include the 
following information: 

(1) an indication of the 
subject area to which the 
petition is directed; for 
example, "This is a petition 
to hold a rulemaking hearing 
to amend Rule .0000 
pertaining to Administrative 
Procedure Act filing 
requirements : " 

(2) either a draft of the 
proposed rule or a summary of 
its contents; 

(3) reasons for the proposal; 

(4) the effect on existing 
rules or orders; 

(5) any data supporting 
the proposal; 

(6) effect of the proposed 
rule on existing practices in 
the area involved including 
cost factors; 

(7) names of those most likely 
to be affected by the 
proposed rule with addresses 
if reasonably known; 

(8) name(s) and address(es) 
of petitioner ( s ) . 

Any of the Subsections in this 
Rule may be waived at the 
discretion of the secretary. 

.0209 DISPOSITION OF PETITIONS 

(a) The Secretary of 
Administration or the 
Secretary's designee will 
determine whether the public 
interest will be served by 
granting the request. Prior to 
making this determination, the 
secretary or the secretary's 
designee may request additional 
information from the 
petitioner(s) ; he may contact 
interested persons or person 
likely to be affected by the 
proposed rule and request 
comments; he may use any other 
appropriate method for obtaining 
information on which to base his 
determination. The secretary or 
the secretary's designee shall 
consider all of the contents of 
the petition submitted plus any 
other information obtained by 
the means described herein. 

(b) Within 30 days of 
submission of the petition, a 
final decision will be rendered 
by the secretary of the 
Department of Administration. 
If the decision is to deny the 
petition, the secretary will 
notify the petitioner (s ) in 
writing, stating the reasons 
therefor. If the decision is to 
grant the petition, the 
secretary, within 30 days of 
submission, will initiate a 
rulemaking proceeding by issuing 
a rulemaking notice as provided 



NORTH CAROLINA REGISTER 



607 



in these Rules and in 
150B-12 or G.S. 150B-13. 



G.S, 



.0210 RECOURSE TO DENIAL 
OF THE PETITION 

If the secretary denies the 
petition for rulemaking, the 
pet itioner( s ) may seek judicial 
review of the denial to 
determine whether the department 
abused its discretion. This 
action will require the 
petitioner to file a civil suit 
against the department in 
Superior Court of Wake County. 



SECTION .0300 



NOTICE OF 
RULEMAKING 



.0301 SUBJECTS OF DECLARATORY 

RULINGS (REPEALED) 
.0302 SUBMISSION OF REQUEST 

FOR RULING (REPEALED) 
.0303 DISPOSITION OF REQUESTS 

(REPEALED) 
.0304 RECORD OF DECISION 

(REPEALED) 
.0305 DEFINITION (REPEALED) 

.0306 TIMING OF NOTICE 
Upon a determination to hold 
a rulemaking proceeding f either 
in response to a petition or 
otherwise, the secretary shall 
give at least 30 days notice to 
all interested persons of a 
public hearing on the proposed 
rule . 

.0307 MANNER OF NOTICE-NORTH 
CAROLINA REGISTER 

(a) The agency shall publish 
notice of rulemaking hearing in 
the North Carolina Register and 
as prescribed in any applicable 
statute. Depending upon the 
subject matter of the proposed 
rule and the nature of the 
persons likely to be affected by 
the proposed rule, any or all of 
the following methods may be 
used in addition to the N.C. 
Register . 

(1) publication of the notice 
in one or more newspapers of 
general circulation; and 

(2) publication in trade, 
industry, governmental or 
professional publications. 

(b) Notice of all rulemaking 
proceedings will be given to: 

(1) the Chief Hearing Officer 
of the Office of 
Administrative Hearings; 

(2) the Attorney General; and 

(3) the Governor. 

.0308 ADDITIONAL INFORMATION 
Persons desiring information in 
addition to that provided in an 
individual rulemaking notice may 
contact. Secretary. Department 
of Adminstration, Raleigh, North 
Carolina 2761 1 . The envelope 



containing the request should 
clearly bear the notation: 
REQUEST FOR INFORMATION ON 
PROPOSED RULES. Any written 
communication should clearly 
indicate the rulemaking 
proceeding which is the subject 
of the inquiry. 

SECTION .0400 - RULEMAKING 
HEARINGS 

.0401 RIGHT TO HEARING 

(REPEALED) 
.0402 REQUEST FOR HEARING 

(REPEALED) 
.0403 GRANTING OR DENYING 

HEARING REQUESTS 
(REPEALED) 

.0404 HEARING LOCATION 
Unless otherwise stated in a 
particular rule-making notice, 
the Department of Administration 
rule-making hearings will be 
held at the Administration 
Building, 116 West Jones Street, 
Raleigh, North Carolina 27611. 

.0405 REQUEST TO PARTICIPATE 
IN HEARING 

(a) Any person desiring to 
present oral data, views, or 
arguments on a proposed rule 
should file a request to 
participate with the secretary 
in such a manner that the 
request will be received by the 
agency head at least one day 
prior to the rule-making 
hearing . 

(b) The request to 
participate should contain a 
clear reference to the proposed 
rule, a brief summary of the 
person's views with respect 
thereto, and how long the person 
desires to speak. The envelope 
containing the request should 
clearly bear the notation: 
REQUEST TO PARTICIPATE IN 
RULE-MAKING HEARING RE: and the 
subject matter of the proposed 
rule . 

.0406 AGENCY RESPONSE TO THE 
REQUEST TO PARTICIPATE 

Upon receipt of a request 
to participate in a rule-making 
hearing, the secretary or the 
official presiding over the 
hearing will acknowledge receipt 
of the request and inform the 
person of any limitations on 
oral presentations deemed 
necessary for a full and 
effective public proceeding on 
the proposed rule. In general, 
each presentation will be 
limited to 15 minutes unless 
some other time limit is 
prescribed by the hearing 
officer . 



608 



NORTH CAROLINA RE'^ISTER 



.0407 PRESENTATION OF ORAL 
COMMENT 

(a) The hearing officer shall 
create an agenda of members of 
the public who have requested 
participation in the rule-making 
hearing . 

(b) If time allows^ the 
hearing officer shall permit 
limited comment by attending 
members of the public who have 
not submitted requests to 
participate . 

(c) Any person making an oral 
presentation is encouraged to 
submit a written copy of the 
presentation to the agency head, 
the hearing officer, or an 
agency designee prior to or 
during the rule-making hearing. 
If not submitted prior to or 
during the hearing, a written 
copy of the oral presentation 
must be submitted within 5 days 
thereafter . 

.0408 PRESIDING OFFICER; 
POl-reiRS AND DUTIES 

The presiding officer at the 
hearing shall have complete 
control of the proceedings 
including: extensions of any 
time requirements, recognition 
of speakers, time allotments for 
presentations, the right to 
question speakers, direction of 
the discussion and management of 
the hearing. The presiding 
officer, at all times, will take 
care that each person 
participating in the hearing is 
given a fair opportunity to 
present views, data and 
comments . 



SECTION .0500 



PUBLIC ACESS TO 
RULEMAKING 



.0501 FAILURE TO APPEAR 

(REPEALED) 
.0502 SIMPLIFICATION OF ISSUES 

(REPEALED) 
.0503 SUBPOENAS (REPEALED) 
.0504 FINAL DECISIONS IN 

ADMINISTRATIVE HEARINGS 
(REPEALED) 

.0505 FILING WRITTEN COMMENTS 
ON PROPOSED RULES 

(a) Any persons may file 
a written submission containing 
data, comments, or arguments for 
or against a rule, after 
publication of a rulemaking 
notice by the departments. 
Written comments must be 
received by the secretary not 
later than 60 days after the 
notice is issued, unless a 
different period has been 
prescribed in the notice or 
granted upon request . The 
written comments should be sent 
to the Secretary, Department of 



Administration, 116 West Jones 
Street, Raleigh, North Carolina 
27611 . 

(b) The envelope containing 
the written submission should 
bear the notation WRITTEN 
COMMENT RE: and clearly state 
the rule(s) or proposed rule(s) 
commented upon. Upon receipt of 
written comments, 

acknowledgement will be made 
with an assurance that the 
comments therein will be 
considered fully by the 
Secretary of the Department of 
Administration or the 
Secretary's designee. 

.0506 STATEMENT OF REASONS 
FOR DECISION 

(a) Any interested person 
desiring a concise statement of 
the principal reasons for and 
against the adoption of a rule 
by the Secretary of 
Administration and the factors 
that led to overruling the 
considerations urged against its 
adoption may submit a request to 
the Secretary of Administration, 
116 West Jones Street, Raleigh* 
North Carolina 27611. 

(b) For purposes of Subsection 
(a) this Rule, an "interested 
person" shall be any person 
whose rights, duties or 
privileges might be affected by 
the adoption of the rule in 
question or any group or 
organization of persons whose 
rights, duties or privileges 
might be affected by the rule. 

(c) The request must be made 
in writing and submitted prior 
to adoption of the rule or 
within 30 days thereafter. The 
envelope containing the request 
should clearly bear the notation 
REQUEST FOR STATEMENT OF 
REASONING RE: and clearly state 
the rule or rules in question. 

.0507 RECORD OR PROCEEDINGS 
A record of all rulemaking 
proceedings will be maintained 
in the Office of the Secretary 
of Administration for as long as 
the rule is in effect . Record 
of rulemaking proceedings will 
be available for public 
inspection during the regular 
office hours. 

.0508 EMERGENCY RULES 
Whenever reasons of imminent 
peril to the public health, 
safety or welfare require the 
adoption of an emergency rule, 
the Secretary of the Department 
of Administration will issue 
such notice, written, 
telegraphic, telephonic or other 
and allow such comments, oral or 
written as time permits. 



NORTH CAROLINA REGISTER 



609 



SECTION 



,0600 - DECLARATORY 
RULINGS 



.0601 SUBJECTS OF DECLARATORY 
RULINGS 

(a) Any person substantially 
affected by a statute or rule 
administered by the Department 
of Administration may request a 
declaratory ruling as to the 
valadity of an agency rule or as 
to either the manner in which a 
statute or rule applies to a 
given factual situation. 

(b) A declaratory ruling 
issued by the agency: 

(1) is binding upon the 
agency and upon the person 
requesting it; 

(2) may be reviewed by the 
courts in the same manner as 
the final agency action in a 
contested case; and 

(3) may be altered by a 
subsequent declaratory 
ruling of the agency, but 
may not be altered 
retroact ively . 

.0602 SUBMISSION OF REQUEST 
FOR DECLARATORY RULING 

All requests for declaratory 
rulings shall be written and 
mailed to the Secretary of 
Administration. 116 West Jones 
Street, Raleigh, North Carolina 
2761 1 . The container of the 
request should bear the 
notation: REQUEST FOR 
DECLARATORY RULING. The request 
must include the following 
information : 

(1) name and address of 
petitioner , 

(2) statute or rule to which 
petition relates, 

(3) concise statement of the 
manner in which petitioner is 
agrieved by the rule or 
statute or its potential 
application to him. 

(4) a statement whether an 
oral hearing is desired andf 
if so, the reason therefor. 

.0603 DISPOSITION OF REQUESTS 
Ca) When the Secretary of 
Administration or the 
secretary's designee deems it 
appropriate to issue a 
declaratory ruling, the 
secretary shall issue such 
declaratory ruling within 60 
days of the receipt of the 
REQUEST FOR DECLARATORY RULING. 

(b) A declaratory ruling 
proceeding may consist of 
written submissions, an oral 
hearing or other procedure as 
may be appropriate in the 
circumstances of the particular 
request . 

(c) The secretary shall 



proceed to issue a declaratory 
ruling where the person 
requesting the ruling shows 
that, with regard to the 
following facts presented: 

(1 ) the rule in question is 
unclear on its face; 

(2) circumstances are so 
changed since the adoption 
of the rule that a 
declaratory ruling is 
warranted; 

(3) the factors specified 

in the request were not 
given appropriate 

consideration by the agency 
at the time the rule was 
adopted; 

(4) the statute administered 
by the agency is unclear in 
its application to the 
requesting person's facts, 
or 

(5) a fair question exists 
regarding the validity of 
the agency's rule due to: 

(A) an absence of statutory 
authority for the agency's 
adoption of the role; 

(B) irregularities in the 
agency's rule-making 
proceedings; or 

(C) improper filing or 
distribution of the rule 
after the agency's 
adoption thereof. 

(d) Whenever the Secretary of 
Administration believes "for 
good cause" that the issuance of 
a declaratory ruling is 
undesirable, the secretary may 
refuse to issue such ruling. 
The secretary shall notify, in 
writing, the person requesting 
the ruling, stating the reasons 
for the denial of the request. 

(e) For purposes of Subpart 
(d) of this rule, the Secretary 
of Administration will 
ordinarily refuse to issue a 
declaratory ruling: 

( 1 ) where there has been 

a similar controlling 
factual determination in a 
contested case; 

(2) the rule-making record 
shows that the factual 
issues raised by the request 
were specifically considered 
prior to adoption of the 
rule; or 

(3) where the subject matter 
of the request is involved 
in pending litigation in any 
state or federal court in 
North Carolina. 

(f) If the agency finds 
evidence that the factors listed 
in Subparagraphs (c)(1), (2), or 
(3) of this rule exist beyond 
the specific facts presented in 
a particular petition for a 
declaratory ruling, the agency 



610 



NORTH CAROLINA RERISTER 



shall consider rule-making 
proceedings on the rule. 

.0604 RECORD OF DECISION 
A record of all declaratory 
rulemaking proceedings will be 
maintained in the office of the 
secretary for as long as the 
ruling is in effect. This 
record will contain: the 
petition, the notice, all 
written submissions filed in the 
request, whether filed by the 
petitioner or any other person, 
and a record or summary of oral 
presentations, if any. Records 
of rulemaking proceedings will 
be available for public 
inspection during the regular 
office hours of the Department 
of Administration. 

.0605 DEFINITION 

For purposes of Rule .0604 of 
this Subchapter, a declaratory 
ruling shall be deemed to be "in 
effect": until the statute or 
rule interpreted by the 
declaratory ruling is amended, 
altered or repealed; until the 
Secretary of the Department of 
Administration changes the 
declaratory ruling prospectively 
for good reasons; or until any 
court sets aside the ruling in 
litigation between the 
Department of Administration and 
the party requesting the rule; 
or until any court of the 
Appeallate Division of the 
General Court of Justice shall 
construe the statute or rule 
which is the subject of the 
declaratory ruling in a manner 
plainly irreconcilable with the 
declaratory ruling. 

SECTION .0700 - ADMINISTRATIVE 
HEARING PROCEDURES 

.0701 HEARING PROCEDURES 

(a) The Model Administrative 
Procedures for Hearings, 
codified as Title 22, Subchapter 
2C of the North Carolina 
Administrative Code, effective 
September 29, 1980, and as 
amended February 1, 1986, are 
hereby adopted by reference to 
apply to actions of the 
Department of Administration. 

(b) This Subchapter adopted 

by reference, establishes basic 
minimum due process procedures 
for issues arising that are not 
contested cases as defined in 
G.S. 150B-2(2). The procedures 
set out in Article 3 and Article 
3A of Chapter 150B govern 
hearings in contested cases as 
defined in G . S. 150B-2(s). The 
procedures set out in this 
Subchapter supplement the 
procedures of Article 3 of 



Chapter 150B for contested cases 
wherein the party has waived his 
right to have the hearing 
conducted by a hearing officer 
in the Office of Administrative 
Hearings . 

(c) The definitions contained 
in 22 NCAC 2A .0005 are adopted 
by reference and shall apply to 
the Department of 
Administration . 

(d) Copies of 22 NCAC, 
Subchapter 2C and 22 NCAC 2A 
.0005 may be inspected in the 
Secretary's Office, Department 
of Administration, 116 West 
Jones Street, Raleigh, North 
Carolina 27611. Copies may 
also be obtained from the Office 
of Administrative Hearings, 
Raleigh, N.C. 

Notice is hereby given in 
accordance with G.S. 1508-12 
that the Department of 
Administration intends to amend 
regulations cited as 1 NCAC 4G 

.0101 - .0204; .0207 - .0208; 

.0210; .0211; .0217 - .0218; 

.0220; .0303 - .0304; .0401; 

.0403(a); .0407 - .0408; .0508; 

.0512; .0514; .0516. and 

repeal .0216; .0404; .0406; 

.0517. 

The proposed effective date of 
this action is April 1, 1987. 

Statutory Authority: G.S. 
143-49; 143-64.1 to 143-64.5. 

The public hearing will be 
conducted at 10:00 a.m. on 
January 22, 1987 at Advisory 
Budget Commission Conference 
Room, 5th Floor, Administration 
Building, 116 West Jones Street, 
Raleigh, N.C. 27611. 

Comment Procedures: Any 
interested person may present 
his or her views and comments 
either in writing prior to or at 
the hearing or orally at the 
hearing. Any person may request 
information, permission to be 
heard or copies of the proposed 
regulations by writing or 
calling 733-7232. 

SUBCHAPTER 4G - SURPLUS PROPERTY 



SECTION .0100 



GENERAL 
PROVISIONS 



.0101 RESPONSIBILITY 

The Department of 
Administration is responsible 
for administering the sale and 
disposal of surplus within the 
state government. The 
administration of this program 
has been delegated by the 
Secretary of Administration to 



NORTH CAROLINA REGISTER 



611 



t li e S t a te Fuv c hasing Offic e r the 
Auxiliary Services Director. 

.0102 ORGANIZATION 

There are two agencies within 
t h e pm cl ' ia& e arrd co n t rac t 

divisi o n Auxiliary Services 

which administer the state's 
surplus property program . The 
state agency for state surplus 
property is responsible only for 
state government surplus 
property. The state agency for 
federal surplus property is 
responsible for disposal of 
federal surplus property. 



SECTION .0200 



STATE SURPLUS 
PROPERTY 



.0201 TRANSFER OR SALE/WRITTEN 
AUTHORIZATION 

No state departments 
institution or agency shall 
transfer or sell any personal 
property owned by the state 
without written authorization of 
the G t a t e rurcliasii ' ig Offi ce r 
Auxiliary Services Director. 

.0202 NOTIFICATION OF SURPLUS 
State agencies notify the state 
surplus property agency of t+re 
division trf purchas e and 
c on t rac t Auxiliary Services of 
any personal property which is 
surplus to their needs by 
properly completing the 
equipment disposal form. In 
doing so, agencies may suggest a 
minimum dollar value which they 
desire to receive from any 
disposition made, but the 
suggestion shall not govern. 

.0203 TRADE-IN 

Under some conditions for some 
types of items it may be more 
advantageous to the state to 
seek to trade in used property 
against the purchase of a 
replacement. Before an agency 
makes any final decision to 
trade in an item, "the division 
<yf p urchas e and con t rac t the 

Auxiliary Services Director 

should be contacted for 
guidance . 

Where th e a division requests 
bids for the purchase of a new 
item and it appears that a 
trade-in may be advantageous, 
the solicitation contains a 
provision requesting that a 
trade-in allowance be offered 
and prior approval by the 
Director or Auxiliary Services 
is required. 

.0204 ORDER OF PRIORITY 
IN DISPOSITION 

In the disposition of state 
surplus property, the division 
customarily gives first priority 



to transfer to other agencies of 
the state. Second priority is 
given to transfer to political 
subdivisions and qualified 
non-profit organizations within 
the state. Property thus 
transferred must be for the use 
of the recipient agency, 
political subdivision or 
qualified non-profit 

organization with title being in 
such agency, unit or 
organization. In making such 
transfers, the price shall be 
one mutually agreeable to the 
owning agency and the recipient 
and approved by the division as 
being a fair market price based 
where possible on previous sales 
of similar products in the open 
market . State surplus property 
transferred to any political 
subdivision or non-profit 
organization must be retained by 
the unit or organization not 
less than 12 months before 
disposal, unless an earlier 
disposition is specifically 
authorized by t h e division v€ 
p urchas e arrd contract Auxiliary 
Services Director. 

.0207 BID INVITATION LISTS 
A copy of the bid invitation 
listing state surplus property 
to be sold by sealed bidding is 
available both at the 
Administration Building in 
downtown Raleigh and at the 
State Surplus Property 
Warehouse, Raleigh, North 
Carolina. Outsid e -tire Raleigli 
area. Requests for bids are 
mailed upon request. 

.0208 DISPOSAL BY OTHER MEANS 
Where state surplus property 
can be sold more advantageously 
by means other than sealed 
competitive bidding, either 
because of the nature of the 
property or the existence of 
unusual circumstance, the G t a te 
Fu rc ltasin g Offic e r Director of 
Auxiliary Services may utilize 
whatever means are considered in 
the state's interest. 

.0210 RECEIPT OF BIDS 

It is the bidder's 
responsiblity to have his bid in 
the Office of Purchas e and 
Con t rac t State Surplus Property 
by the specified time and date 
of bid opening. The sale bid 
number should be clearly shown 
on the face of the mailing 
envelope . 

.0211 EXECUTION OF BIDS 
The executor of a bid must sign 
his bid -irt -ink in pen or pencil 
in the space provided on the bid 



612 



NORTH CAROLINA REGISTER 



form and also print his name 
below the signature. 

.0216 PAYMENT (REPEALED) 

.0217 FAILURE TO PAY 
If the purchaser fails to pay 
for the property within the 
10-day period, the property may 
be resold in such manner as the 
state may elect, and the 
defaulting purchaser charged 
with any loss resulting to the 
state together with all expense 
of the sale. If the purchaser 
does not remove the property 
within 30 calendar days after 
date of award* titt? divisi o n odF 
purclias e and con t ract Auxiliary 
Services reserves the right to 
retain the purchase price and 
resell the property a second 
time and retain any proceeds 
therefrom . 

.0218 BOND 

Th e divisi o n vf purchas e and 
cont r ac t Auxiliary Services 
reserves the right to require 
any bidder previously in default 
to post a bond prior to bidding 
or prior to an award being made 
to him. 

.0220 TIMBER SALES 

Timber owned by state agencies 
is customarily disposed of by 
the state surplus property 
agency on a sealed competitive 
bid basis. A request for bid 
forms will be sent to any 
interested party upon request. 

Timber is generally sold on a 
lump-sum basis with payment to 
be made in full at the time of 
execution of a contract; and a 
high bidder may, in the 
discretion of the St a te 
Pu r chasin g O ffic e r Director of 
Auxiliary Services, be required 
to post bond prior to award. 



SECTION .0400 



FEDERAL SURPLUS 
PROPERTY 



SECTION .0300 



STATE SURPLUS 
PROPERTY FORMS 



.0303 NOTIFICATION: SALE OF 
SURPLUS PROPERTY 

Form PC-37 is used by 
t h e division rrf purchas e and 
contract Auxiliary Services to 
notify the agency and successful 
bidder of the sale and/or 
disposal of state surplus 
property. 

.0304 NOTIFICATION: AWARD OF 
SURPLUS PROPERTY 

Form PC-38 is used by 
t he division trf purchase and 
c o n t ra ct Auxiliary Services to 
notify the successful bidder and 
agency of the award of bid on 
state surplus property. 



.0401 ELIGIBLE INSTITUTIONS 
Specific e li g ibl e organiza t i o ns 
includ e any public a ge ncy, 
t ax su ppo rt e d or* non profit 
m e dical ■ iii&titut ions, hospitals, 
clinics and h e alth oe:nters, 
sch o ols, school systems, 
coll e ges or univ e i'sities, 
educati o nal radio or television 
s t ations , publi c librari e s, 
tax supported or non profi t 
scho o ls frnr "the mentally 
ret a r ded trr physically 
handicapp e d, as w e ll as c ivil 
defense organizations o^ t he 
s t at e ox a p olitical subdivision 
OT" instru m entality t h e r e of wher e 
stnrh organiza t ions ar e 
es t ablished pursuan t +0 sta te 
lav) ■ it: shall be the 
responsibili t y of t+te stat e 
agency fotr f e d er al surplus 
property o^ trhe divisi o n of 
p ur c has e and c o n t rac t to 
determin e the e ligibility xxi 
d o n ee s und er Public fcaw 9 4 51 9 
and applicabl e fede r al rul e s and 
r e gula t ions . Application blanks 
are availabl e from tire fed e ral 
proper t y a ge ncy, division of 
p urchas e and c on t ra ct , u p on 
reques t and mus t be prop e rly 
com pl ete d and r et urn e d by the 
applicant . The individual 
au t horized to o b t ain prop e r t y 
fxrr the don e e o rganiza t ion must 
indica t e his name on the 
application . 

A public agency or nonprofit 
educational or public health 
institution or organization, 
exempt from taxation under 
Section 501 of the Internal 
Revenue Code of 1954, within the 
mea ning of Section 203(.i) of the 

Federa l Prop erty and 

Ad ministrative S e rvices Act of 
1949, as amended, and the 
regulations of the Administrator 
of General Services. 

It shall be the responsibility 
of the state agency for federal 
surplus property to determine 
the eligibility of donees under 
Public Law 94-519 and applicable 
federal rules and regulations. 
Application blanks are available 
from the federal property agency 
upon request and must be 
properly completed and returned 

by the applicant . The 

individual authorized to obtain 

property for the donee 

organiztion must indicate his 
name on the application. 

.0403 COMPLIANCE AND 
UTILIZATION 

(a) The state agency shall 
effect utilization reviews for 
compliance by donees with the 



NORTH CAROLINA REGISTER 



613 



terms, conditions, reservations 
and restrictions imposed by the 
Federal and state Government for 
any item of property having a 
unit acquisition cost of three 
thousand dollars ($3,000) or 
more and any passenger motor 
vehicle . 

.0404 LIST (REPEALED) 



,0406 



SURPLUS REAL PROPERTY 
(REPEALED) 



.0407 SERVICE CHARGE 
The state agency for federal 
surplus property rrf t h e divisi o n 
vf p urchas e ttmi con t rac t places 
a service charge commensurate 
with its costs on all donated 
federal surplus property. 

.0408 DELIVERY OF PURCHASES 
The state agency for federal 
surplus property will deliver 
property acquired through its 
auspices o nly wh e r e ■the siz e , 
i t e m mak e s when 
necessary. The 
costs of 
will accordingly 
be billed as part of the service 
charge in such cases . 



et c . , «rf -Hre 
such delivery 
additional 
transportation 



SECTION .0500 



FEDERAL SURPLUS 
PROPERTY FORMS 



.0508 AGREEMENT AND 

ACKNOWLEDGEMENT 
OF TRANSFER 

Form AA-123A is used in the 
transfer of property "bo h e al t h 
ins t i t u t ions to eligible donees 
which has a government 
acquisition cost of less than 
three thousand dollars ($3,000), 
except passenger vehicles. 

.0509 AGREEMENT AND 

ACKNOWLEDGEMENT OF 
TRANSFER 

Form AA-123B is used in the 
transfer of property to 
e duca t ional institu t ions 

eligible donees which has a 
government acquisition cost of 
three thousand dollars ($3,000) 
or more and all passenger 
vehicles . 

.0512 NONDISCRIMINATION 
ASSURANCE PC- 159 

PC-159 — Civil Righ t s Assuranc e 
Non-Discrimination Assurance is 
a certification by eligible 
institutions that compliance 
with Title VI of The Civil 
Rights Act of 1964, Section 606 
of Title VI of the Federal 



Prooertv 


and 


Administra 


tive 


Services 


Act 


of 1949, 


as 


amended, 


Section 504 


of 


the 


Rehnbilit 


at ion 


Act of 


1973 


, as 


amended. 


Titl 


e IX 


of 


the 



Education Amendments of 1972, as 
amended, and Section 303 of the 
Age Discrimination Act of 1975 
is being conducted. 

.0514 DOCUMENT INVENTORY 
REPORT, PC-FS-61 

PC 70 PC-FS-61 — Document 
Inventory Report, is used to 
record annual inventory report 
of federal surplus property. 

.0516 CERTIFICATION AND 

AGREEMENTS, PC-FS-99 

re 00 PC-FS-99 certification 
and Agreement, is required for 
all eligible institutions, 
certifying that all federal 
property r e s t ric t ions will be 
carried o u t will be utilized in 
accordance with the terms and 
conditions which are printed on 
the Official Agreement and 



Acknowledgement 



of 



Transfer 



Document . 



.0517 



SASP MONTHLY ACTIVITY 
REPORT: PC-94 (REPEALED) 



Notice is hereby given in 
accordance with G.S. 150B-12 
that the Department of 
Administration intends to repeal 
regulations cited as 1 NCAC 21E 
.0001-. 0002. 

The proposed effective date of 
this action is April 1, 1987. 



Statutory Authority: 
Order Number 13. 



Executive 



The public hearing will be 
conducted at 11:00 a.m. on 
January 20, 1987 at Advisory 
Budget Commission Room, 5th 
Floor, Administration Building, 
116 West Jones Street, Raleigh, 
N.C. 27611. 

Comment Procedures; Any 
interested person may present 
his or her views and comments 
either in writing prior to or at 
the hearing or orally at the 
hearing. Any person my request 
information, permission to be 
heard or copies of the proposed 
requlations by writing to or 
calling 733-7232. 

CHAPTER 21 - ADMINISTRATIVE 
ANALYSIS DIVISION 

SUBCHAPTER 21 E - GOVERNOR'S 
COMMISSION ON GOVERNMENTAL 
PRODUCTIVITY 

.0001 MISSION (REPEALED) 
.0002 FUNCTIONS (REPEALED) 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Department of 



614 



NORTH CAROLINA RE'l^ISTER 



Administration intends to adopt 
regulation cited as 1 NCAC 36 
.0101 . 

The proposed effective date of 
this action is April 1, 1987. 



Statutory Authority: 
143B-426.12. 



G.S. 



The public hearing will be 
conducted at 11:00 a.m. on 
January 22, 1987 at Advisory 
Budget Commission Conference 
Room, 5th Floor, Administration 
Building, 116 West Jones Street, 
Raleigh, North Carolina 27611. 

Comment Procedures: Any 
interested person may present 
his or her views and comments 
either in writing prior to or at 
the hearing or orally at the 
hearing. Any person may request 
information, permission to be 
heard or copies of the proposed 
regulations by writing or 
calling 733-7232. 



CHAPTER 36 



AGENCY FOR PUBLIC 
TELECOMMUNICATIONS 



SECTION .0100 - PUBLIC RADIO 

.0101 GENERAL SUPPORT 
STANDARDS 

All public radio entities 
seeking financial support 
through the agency must meet the 
following criteria: 

(1) document broad citizen 
and community support; 

(2) hold open meetings of 
governing and advisory 
bodies ; 

(3) secure tax exempt status 
from the U.S. Internal 
Revenue Service and North 
Carolina Department of 
Revenue ; 

(4) maintain accounting 
records of expenditure of 
state funds for a minimum of 
three years in a manner 
suitable for audit; 

(5) maintain public copies 

of annual financial and audit 
reports; 

(6) submit to the agency an 
outline plan for expenditures 
of state funds and, at the 
end of each funding period, 
submit a detailed report of 
expenditures; 

(7) comply with Equal 
Employment Opportunity 
regulations; and 

(8) in accordance with 
constitutional separation of 
church and state, public 
radio entities whose program 
schedule is desjctned to 
further the principles of a 



particular religious 

philosophy are not eligible. 
Permittees and licensees must 
establish a community advisory 
board reflecting the diverse 
needs and interests of served 
communities . 



TITLE 4 



COMMERCE 



Notice is hereby given in 
accordance with G.S. 150B-12 
that the N.C. Alcoholic Beverage 
Control Commission intends to 
adopt regulation cited as 4 NCAC 
2S .1020. 

The proposed effective date of 
this action is May 1, 1987. 



Statutory Authority: 
18B-105(b) . 



G.S. 



The public hearing will be 
conducted at 10:30 a.m. on 
January 19, 1987 at ABC 
Commission, Room 101, 3322 
Garner Road, Raleigh, NC 27610. 

Comment Procedures: Data, 
opinions and arguments should be 
submitted prior to January 19, 
1987, to the ABC Commission at 
P.O. Box 26687, Raleigh, NC 
27611-6687. Persons desiring to 
speak at the hearing are 
requested to notify the ABC 
Commission prior to January 19, 
1987. 

SUBCHAPTER 2S - RETAIL BEER: 

WINE: MIXED BEVERAGES: 

BROWNBAGGING : ADVERTISING: 

SPECIAL PERMITS 

SECTION .1000 - ADVERTISING 

.1020 REFUND OFFERS 

(a) General. Refund offers 
may be used to advertise 
spirtuous liquor. 

(b) Conditions. A refund 
offer is an offer to a consumer 
for a rebate from a liquor 
industry member, obtained by 
mailing a form. A refund offer 
is allowed under the following 
conditions : 

(1) A refund may be offered 
only by a manufacturer, 
importer, distiller, 
rectifier or bottler of 
spirituous liquor. 

(2) A refund may be offered 
only to purchasers of the 
manufacturer's original 
unopened container of liquor 
that is purchased from a 
local ABC store. 

(3) A refund may be offered 
only when the redemption 
form is a part of or 
attached to the package or 
container. Any offer that 



NORTH CAROLINA REGISTER 



615 



is part of or attached to 
the package or container 
shall be placed there by the 
industry member who offers 
the refund. 

(4) A refund offer shall 
apply throughout the state. 

(5) A refund offer shall 
include an expiration date. 

(6) A refund offer shall 
include a statement 
explaining the redemption 
procedure. Refund offers 
shall be redeemed by mailing 
a form to the industry 
member who offers the refund 
or its designated redemption 
agent. Such an agent shall 
not be a retail or wholesale 
permittee in the state. 

(7) An industry member shall 
notify the commission at 
least 10 days before it 
offers a refund on liquor. 
The notice shall state the 
proposed amount of the 
refund, its expiration date, 
and to whom redemption forms 
must be mailed. The notice 
shall also include a sample 
of the redemption form that 
will be attached to the 
liquor container. 

(8) An ABC board member or 
employee shall not receive 
refunds on offers obtained 
from liquor packages or 
containers before sale at 
retail . 

(c) Commercial bribery; 
cooperative advertising. No 
retail permittee, local ABC 
board member or employee shall 
accept and no industry member 
shall pay any fee for the 
display or use of refund offers. 
The name of a retail business or 
retail permittee shall not 
appear on any refund offer. 

(d) Advertising refund 
offers. Refund offers may be 
advertised by newspapers, 
magazines or direct mail but no 
redemption form may appear in 
such advertisement. No refund 
offer may be advertised on the 
premises of any retail 
permittee. 



TITLE 10 



HUMAN RESOURCES 



Notice is hereby given in 
accordance with G.S. 1508-12 
that the Social Services 
Commission intends to adopt, 
amend, repeal regulations cited 
as 10 NCAC 41 F .0811; 10 NCAC 
42B .1003 and .1101; .1102; 
.1201; .1203; .1204; .1207; 10 
NCAC 42C .1802; .1805; and 
.1901; .2001; .2002; .2006; 
.2207; .2209; .2212-. 2214; 



.2301-. 2305; and .2402; .2404; 
.2405; .2501; .2505; .2703; 
.2903; .3003; .3101; .3102 and 
.3301; .3402; 10 NCAC 42D .1202; 
.1301; .1403; .1404; .1503; 
.1504 and .1602; .1603; .1605; 
.1704; .1705; 10 NCAC 49D 
.0001-. 0003. 

The proposed effective date of 
this action is April 1, 1987. 



Statutory 
143B-153. 



Authority ; 



G.S. 



The public hearing will be 
conducted at 10:00 a.m. on 
January 15, 1987 at Woodoak 
Building, Second Floor 
Conference Room, 1100 Navaho 
Drive, Raleigh, NC 27609. 

Comment Procedures: Any 
interested person may present 
his/her views and comments 
either in writing or orally at 
the hearing. Any person may 
request information, permission 
to be heard or copies of the 
proposed regulations by writing 
or calling Bonnie Allred, 325 N. 
Salisbury Street, Raleigh, NC 
27611, 919-733-3055. 

CHAPTER 41 - CHILDREN'S SERVICES 

SUBCHAPTER 41 F - LICENSING OF 
FAMILY FOSTER HOMES 

SECTION .0800 - LICENSING 
REGULATIONS AND PROCEDURES 

.0811 REPORTS OF ABUSE AND 
NEGLECT 

(a) When the supervising 
agency receives a report 
alleging abuse or neglect in a 
family foster home, the agency 
shall immediately notify the 
Division of Social Services. 

(b) The supervising agency 
will then submit to the 
division, within 30 days, a 
detailed report on the 
circumstances of the allegation 
and results of the investigation 
of the allegation of abuse or 
neglect. This report, along 
with other information the 
division may obtain, shall be 
reviewed and evaluated by the 
division and used in 
consultation and technical 
assistance to the supervising 
and investigating agencies to 
assist them in providing 
services to protect children in 
foster care. 



CHAPTER 42 - INDIVIDUAL AND 
FAMILY SUPPORT 



616 



NORTH CAROLINA REf^ISTER 



bei ' vices . 



SUBCHAPTER 42B - LICENSING OF 

HOMES FOR DEVELOPMENTALLY 

DISABLED ADULTS 

SECTION .1000 - MANAGEMENT IN 
PRIVATE FOR PROFIT HOMES 

. 1 003 RELIEF-PERSON-IN-CHARGE 
■(rir)- The county departmcii l : «rf 
social service s will nrtrke a 
d e cisi o n regarding approval 
wi t hin +0 v)orking days aft e r 
re c e iving aii trf -the required 
applica t ion informa t ion . No t ic e 
vrf approval will be sent -to tire 
Division of Facili 
■ff t he c ounty depar t men t 
no-t a p pr o v e t h e applican t relief 
p e rson — in cl ' iaige and "Htc 
applican t and «rr administra t or 
c hallenges the dc c :isl u n> trhe 
Division trf Facili t y Servic e s 
will be c onsul te d -ftrr a final 
decision . 

SECTION .1100 - MANAGEMENT IN 

HOMES OPERATED BY PRIVATE 

NON-PROFIT BOARDS 

.1101 THE HOME MANAGER IN 

PRIVATE NON-PROFIT HOMES 

(a) The home manager has the 
following responsibilities: 

(5 ) Mtrst- be approved . Th« 
c o un t y d e partmen t tyf s o cial 
services w ill mak e a 
decision r e gardin g approval 
within +0 working days af ter 
r e c e iving all «rf tin 
r e quir e d applica t ion 
informa t ion . No t ic e of 
approval will be sent- trr the 
Divisi o n tyf Facili t y 
ScL vice;. . -tf -the county 
departineiit do e s no t approve 
the applican t r e li e f 
person — in c har g e and the 
applicant and/or 

adminis t rator c hall e nges the 
d ec ision^ t li e Division trf 
Facility Servic e s will be 
consulted -for a final 
de c ision . 

(b) The co-manager has the 
following responsibilities: 

y o J musT tre approveu . i ne 
county d ep a rt men t erf social 
services will maice a 
d e cisi o n r e garding approval 
within +& w orlcin g days af te r 
r e c e iving ati of t+te 
re quir e d applica t ion 

N ot i ce of 
w ill be sent "to tlie 
Di v isi o n of Fa c ility 
S ervices . -tf -Hte c oun t y 
depar t m e nt do e s no t approv e 
ttte applicant r e lief 
person — in charg e and t+te 
applican t and/ or 

adminis t ra to r c hall e nges the 
de c ision, -the Division of 
Facili t y S e rvic e s will be 



consulted f o r 
d e cision . 



final 



.1102 CHANGE OF MANAGER 
When a currently licensed 
manager can no longer continue 
to manage a home, the following 
procedure is required: 
■(-H- Th e gr o u p h o me board shall 
no t if y -the county department 
of so c ial s e rvic e s t hat a 
c hang e -irs d e sir e d . 



SECTION .1200 



PERSONNEL 



.1201 PERSONNEL REQUIREMENTS 

The qualifications of 

administrator, co-administrator, 

supervisor-in-charge, manager, 

and co-manager are as follows: 

(4) mus t be- of g o od c harac t er; 

must provide written 

information about convictions 
of criminal and/or driving 
offenses other than minor 
traffic violations from the 
clerk of court and/or motor 
vehicles office; 

.1203 QUALIFICATIONS OF RELIEF 
PERSON-IN-CHARGE 

(a) Qualifications of relief 
person-in-charge are set forth 
in Rule .1202 of this Section 

except that the relief 

person-in-charge must provide 



written 



information 



about 



convictions of criminal and/or 
driving offenses other than 
minor traffic violations from 
the clerk of court and/or motor 
vehicles office. 

.1204 RESPONSIBILITIES OF 

RELIEF-PERSON-IN-CHARGE 
The relief person-in-charge 

has -Hre foll o win g 

responsibili t i e s . 
( 1 ) -i-s must be a qualified 
individual who is responsible 
for the operation of the home 
in the absence of the manager 
and/or co-manager. 
■(-2-> The coun t y department of 
social s ervices will mak« a 
decision regarding approval 
w ithin +0 wor kin g days af t er 
receiving all of t h e required 
application inf o rma t ion . 
No t ic e of approval will be 
sen t to the Division of 
Facility Services . tf t h e 
coun t y d e partm e n t do e s no t 
approv e t h e applican t r e li e f 
p e rson — in charg e antl t he 
applicant and/' o r manag e r 
c hall e ng e s -the d ec ision, ■Hre 
Division of Facility Servic e s 
will be c onsul t ed -for a final 
decision . 

.1207 REQUIREMENTS FOR 
PERSONNEL 
(5) The manager, co-manager 



NORTH CAROLINA REGISTER 



617 



and relief person(s) in 
charge must apply for their 
position(s) on the form 
DSS-1862, and b« approv e d 
using a r e cord d e signat e d by 
■Ht« Division trf Social 
S e rvic e s . documentation 
that the qualifications have 
been met for these positions 
must be on file in the home 
prior to hiring the manager, 

co-manager , and relief 

person(s) in charge. 



SUBCHAPTER 42C - LICENSING 

OF 

FAMILY CARE HOMES 

SECTION .1800 - GENERAL 
POLICIES 

1802 EXCEPTIONS (REPEALED) 

1805 LIST OF DEFINITIONS 
(11) Relief-Supervisor-In- 
Charge . A person designated 
by the administrator and 
approv e d by t h e coun t y 
depar t men t o-f so c ial 
s e rvices to be in charge of 
a licensed home during an 
extended absence (more than 
24 hours per week) of the 
administrator or 

supervisor- in-charge; 
(15) Supervisor-in-Charge . A 
person employed by the 
administrator and ap p r o v e d 
by t h e c o un t y d e pa r tmen t o-f 
social servic e s to be 
responsible for carrying out 
the program in the licensed 
home in the absence of the 
administrator . 



SECTION .1900 



MANAGEMENT 



.1901 MANAGEMENT 
(b) there are several ways the 
administrator can manage the 
operation of a home. At all 
times there must be one approv e d 
p e rson administrator or 
supervisor-in-charge who is 
directly responsible for 
assuring that all required 
duties are carried out in the 
home and for assuring that at no 
time is a resident left alone in 
the home without a staff member. 
Except for the provisions cited 
in Paragraph (c) of this Rule 
regarding the occasional absence 
of the administrator or 
supervisor-in-charge » one of the 
following arrangements must be 
used: 

(1) The administrator lives 
in the home, or resides 
within 500 feet of the home 
and is immediately 
available. To be 

immediately available, the 



administrator must be on 
stand-by and have direct 
access to either a two-way 
intercom system or a two-way 
intercom line on the 
existing telephone system 
that connects the licensed 
home with the private 
residence of the 
administrator. The 

equipment installed must be 
recognized by tire North 
Caroline Depar t men t o^ 
Insuranc e as acc e p t abl e and 
the equipm e n t in t he 
lesideric e o^ tlie 
adminis t ra to r mus t b« 
l o ca t ed -in h-is b e dro o m . in 
working condition and must 
be located in the bedroom of 
the administrator. When the 
administrator does not live 
in the licensed home, there 
must be at least one staff 
member who lives in the home 
or one on each shift and the 
administrator is directly 
responsible for assuring 
that all required duties are 
carried out in the home; or 
(3) When there is a cluster 
of licensed homes located 
adjacently on the same site, 
there must be at least one 
staff member in each home, 
either live-in or on a shift 
basis, and at least one 
administrator or 

supervisor-in-charge who 
lives within 500 feet of 
each home, is immediately 
available, and who is 
directly responsible for 
assuring that all required 
duties are carried out in 
each home . To be 
immediately available, the 
administrator or 

supervisor-in-charge must be 
on stand-by and have direct 
access to either a two-way 
intercom system or a two-way 
intercom line on the 
existing telephone system 
that connects these homes 
with each other and with the 
residence of the 
administrator or 

supervisor-in-charge. The 
equipment installed must be 
recognized by t h e North 
Carolina Depar t men t tr£ 
In*,uraiice as accep t abl e and 
■Hre e quipm e nt -in -the 
r e sid e nc e of ■th« 

supervis o r in charge mus t b« 
locat e d -in Yrrs bedroom . in 
working condition and must 
be located in the bedroom of 

the administrator or 

suncrvisor-jn-charge . 
(c) When the administrator 



618 



NORTH CAROLINA REGISTER 



or supervisor-in-charge is 
absent from the home or not 
immediately available, the 
following apply: 

(2) When the administrator 
or supervisor-in-charge will 
be away from the home for an 
extended absence (more than 
24 hours per week), a 
relief -supervisor-in-charge 
must be designated by the 
administrator and approved 
by tit« c oun t y departmuii L tyf 
social servinai> to be in 
charge of the home during 
the absence. The 

relief -supervisor-in-charge 
must meet all of the 
qualifications required for 
the supervisor-in-charge (as 
specified in Rule .2002 of 
this Subchapter) with the 
exception of Paragraph (4), 
pertaining to the continuing 
education requirement. 

SECTION .2000 - PERSONNEL 

.2001 QUALIFICATIONS OF 
ADMINISTRATOR 
(4) The administrator or 

corporation must be able to 
obtain credit or have other 
verified resources to meet 
operating costs and provide 
required services vjhen 
unexpected situations arise, 
such as extended resident 
vacancies and major home 
repairs. Verification of 
ability to obtain credit or 
the availability of other 
resources must be documented 
by the administrator or 
corporation; A l et ter trf 
c redit or a financial 
s t a t emaiil mus t irs submitted 
to -the c o un t y department trf 
social s e rvictti, fay t h e 

coipora fc icin; 

(6) Tli e adminis t rator m ust 
mee t wi t li t+re adult homes 
sp e cialist at- ttte 
s pec iali^^b ' «. req ues t at an 
agreed t i i ii e -in -the h o me at 
l e ast every t liree mo n t i ts -an 
P'^r t of the specialis t 's 
rou t ine moniiurliig to insure 
c ompliaiice with tire r ul e s of 
t his Subchapter; The 
administrator, or a person 
designated in writing by the 
administrator to act as his 
agent and make decisions on 
his behalf, must meet with 
the Adult Homes Specialist 
at the Specialist's request 
at an agreed time in the 
home at least every three 
months or as necessary to 
insure compliance with the 
Standards ; 

(8) The adminis t rator must ire 



of good m o ral character ' as 
e vidmiced by at least t hr ee 
curr e nt l ette rs of 
r e comm e ndati o n from and or 
re fer e nc e inter views wi t h 
individuals, including 
form e r e mpl o yers 

knowledg e abl e of tha 
p r o pos e d adminis t ra t or ' s 
ba c kground, qualifica t ions 
and co mmitm e nt to th« field 
of adult car e . Tho county 
department of social 
s e rvi c es -is to check p olic e 
and co ur t records; The 
administrator must provide 



at 



least 



three 



current 



reference letters and/or the 
names of individuals with 
whom a reference interview 
can be conducted. The 



individuals 



providing 



reference information must 
be knowledgeable of the 
applicant administrator' s 



background 



qualifications 



and 



and 



must 



include at least one former 
employer ; 
(9 ) The administrator 

must provide written 



information 



convictions 



about 



of 



criminal 



and/or driving offenses 
other than minor traffic 
violations from the clerk of 
court and/or motor vehicles 
office ; 

(10) The administrator must 
verify that he earns 15 
hours a year of continuing 
education credits related to 
the management of 
domiciliary homes and care 
of aged and disabled persons 
in accordance with 
procedures established by 
the Department of Human 
Resources; Set? Rul e . 1002 of 
t liis Subchapt e r for an 
e . r cep t ion; 

(12) Th« adminis t rator mus t 
not allow family or pe rsonal 
probl e ms to koap Irim from 
assuming ami ad e quately 
p e rforming his 

r e sponsibiliti e s in tira 
home . 

.2002 QUALIFICATIONS OF 

SUPERVISOR-IN-CHARGE 
(1) The applicant must 

complete the Application for 
Supervisor- in-Charge 
(DSS-1862); Tfre county 
department of social 
s e rvices will make a 
dccii.iL>ii r e garding approval 
wi t hin +0 w o rking days af t er 
recei<riiiy aii of ttttr 
required informa t ion . 
Notic e of approval will be 
s e n t to the Division of 
Facili t y S e rvic e s when the 



NORTH CAROLINA REGISTER 



619 



Application f o r 

Sup e rviso r in Cha rge -rs 
approved . -tf th e county 
departmmit does not- a pp r o v e 
■the applican t 

sup e rvisor in charg e ami trhtj 
applican t and/or 

adminis t ra t or chall e n ge s th e 
d e cision . t li e Division of 
Facili t y S e rvic e s will bt» 
consul te d -for a final 
d e cision; 

(2) The qualifications of the 
administrator and 
co-administrator referenced 
in Paragraphs (3), (7), (8), 
and -H-a-f 191 of Rule .2001 
of this Subchapter shall 
apply to the 
supervisor-in-charge . The 
supervisor-in-charge must 
meet a minimum educational 
requirement by being at 
least a high school graduate 
or certified under the 
G.E.D. Program or by passing 
an alternative examination 
established by the 
Department of Human 
Resources . Tliis e ducati o nal 
r e quir e men t shall apply only 
t^ sup e rvisors — in charg e 
approv e d af t er January +-r 
1 9 77. 

(3) The requirement to be 

at least a high school 
graduate or certified under 
the G.E.D. Program or to 

pass an alternative 

examination established by 
the Department to Human 
Resources shall applv only 

to supervisors-in-charqe 

employed after January 1 , 
1977; 

(4) The supervisor-in-charge 
must verify that he earns 12 
hours a year of continuing 
education credits related to 
the management of 
domiciliary homes and care 
of aged and disabled persons 
in accordance with 
procedures established by 
the Department of Human 
Resources; Srre Rul e . 1002 trf 
t his Gubchap te r for an 
e x ce p t ion; 

(5) tf a sup e rvisor — in charg e 
r e appli e s for approval o nc e 
h« has te rmina te d his 
e mpl o y m en t im a domiciliary 
facili t y lic e ns e d -in t+trr 
s t at e , "Hre c o un ty d e par t m e n t 
of social s e rvi ce s -rs -trr 
e xp e dit e approval by using 
copi e s of mat e rial compl ete d 
within t+re last +S months ort 
which approval was based . 
irt addi t ion, -the co un ty 
d e par t m e n t of social 
s e rvic e s irs tro con t ac t tire 
administra t or of th e las t 
facili t y wh e r e -tire a p pli c an t 



w o rk e d -to ob t ain a wr it t e n 
st a teme nt about t h e quality 
of tire a pp lican t ' s j-ob 
pe rformanc e and lev e l of 
d e p e ndabili t y . When there 
is a break in employment as 
a supervisor-in-charge of 
one year or less, the 
educational qualification 
under which the person was 
last appr o v e d emplovcd will 
apply. 

.2006 QUALIFICATIONS OF 

ACTIVITIES COORDINATOR 

(3 ) Th e ac t ivities 

c o o rdina to r ' must be involv e d 
wi t li all resid e n t s, s t aff trf 
the facili t y, r e sidents ' 
families , volun t eers and 
communi t y r e sou r c e s iro 
provide a well round e d 
progra i n; 

( ^ ) The ac t ivi t i e s 

coordina t or shall 

d e mons t ra te t hrough the 
per formance rr£ his duties 
tha t he recogniz e s t+te 
abilities of residen t s "bo 
mak e t h e i r own d e cisions and 
t+te importance o^ assis t ing 
r e siden t s t hrough 

pro g ra m min g ■bo main t ain 
t lieir digni t y and usefulness 
tro tl ' iemselves and others; 
and 

SECTION .2200 - ARRANGEMENT AND 
SIZE OF ROOMS 

.2207 STORAGE AREAS 
(b) There must be separate 
locked areas(s) for storing 
cleaning agents, bleaches, 
pesticides, and other substances 
which may be hazardous if 
ingested, inhaled or handled. 
Cleaning supplies must be 
supervised v;hile in use. 

.2209 OUTSIDE ENTRANCES AND 
EXITS 

(g) In homes with at least one 
resident who is determined by a 
physician or is otherwise known 
to be disoriented or a wanderer, 
each required exit door shall be 
equipped with a sounding device 
that is activated when the door 
is opened. The sound must be of 
sufficient volume that it can be 
heard by staff. A central 
control panel that will 
deactivate the sounding device 
may be used, provided the 
control panel is located in the 
bedroom of the person on call 
within the home. Curr e ntly 
lic e ns e d facili t i e s will hav e ^ 
m o n t lis -to comply wi t h t his 
r e quirem e nt . 



.2212 



HOUSEKEEPING AND 
FURNISHINGS 



620 



NORTH CAROLINA ivEGISTER 



■i-a^ Th« buildin g arrd aii fir e 
a >afaty > e le ct rical , me clianical , 
and plumb in cj equipm e n t must be 
maintain e d -in a saf e and 
op e ra t ing condi t ion . 

(b) Each home must: 

(1) have walls> ceilings, and 
floors or floor coverings 
kept clean and in good 
repair; 

(2) have no chronic 
unpleasant odors; 

(3) have furniture clean and 
in good repair; 

(4) have a sanitary grade trf 
9© or above an approved 
sanitary classification at 
all times; 

(5) be maintained in an 
uncluttered, clean and 
orderly manner, free of all 
obstructions and hazards; 

(6) have an adequate supply 
of bath soap, clean towels, 
washcloths, sheets, pillow 
cases, blankets, and 
additional coverings on hand 
at all times; 

(7) make available the 
following items as needed 
through any means other than 
charge to the personal funds 
of recipients of 
State-County Special 
Assistance : 

(A) protective sheets and 
clean, absorbent, soft and 
smooth pads; 

(B) bedpans, urinals, hot 
water bottles, and ice 
caps; and 

(C) bedside commodes, 
walkers, and wheelchairs; 

(8) have television and 
radio, each in good working 
order; and 

(9) have curtains, draperies 
or blinds, where 
appropriate. Se« Rul e . 1 002 
xt£ this Sub c hap te r -for an 
e xception. 

(c) Residents will be allowed 
to bring their own furniture and 
personal belongings if permitted 
by the home. 

(d) Each bedroom must have the 
following furnishings in good 
repair and clean for each 
resident : 

(1) Single bed equipped with 
box springs and mattress or 
solid link springs and 
no-sag innerspring or foam 
mattress. Hospital bed 
appropriately equipped must 
be arranged for as needed. 
A double bed is allowed if 
used only for single 
occupancy, unless occupied 
by husband and wife. A 
water bed is allowed if 
requested by a resident and 
permitted by the home . Each 



bed is to have the 
following . 

(A) at least one pillow 
with clean pillow case; 

(B) clean top and bottom 
sheets on the bed, with 
bed changed as often as 
necessary but at least 
once a week; and 

(C) clean bedspread and 
other clean coverings as 
needed; 

(2) a bedside type table; 

for e ach b«d acc e ssibl e to 
t+te resid e n t w hil e in b e d; 

C3) chest of drawers or 

bureau when not provided as 
built-ins, or a double chest 
of drawers or double dresser 
for two residents; 

(4) a wall or dresser mirror 
that can be used by each 
resident ; 

(5) a minimum of one 
comfortable chair (rocker or 
straight, arm or without 
arms, as preferred by 
resident), high enough from 
floor for easy rising; 

(6) additional chairs 
available, as needed, for 
use by visitors; 

(7) individual clean towel 
and wash cloth, and towel 
bar; and 

(8) a bedsid e lamp or a light 
overhead of bed. wi t h a 
t oggle swi t ch wi t liin r e ach 
of pe rson lying on b e d . The 
light must be of 30 
foot-candle power for 
reading . 

(e) The living room must have 
the following furnishings: 

(1) functional living room 
furnishings for the comfort 
of aged and disabled 
persons, with coverings 
cleanable; 

(2) recreational equipment, 
supplies for games, books, 
and 

(3) an easily readable clock; 
(se e Rul e . 1002 of t his 
Gubcha pte r for an 
e xc e p t ion) ; and 

(4) a newspaper. (s ee 

Rule . 1002 of t his 
Gubchapt e r for an 
e xc e p t ion ) . 

(f) The dining room must have 
the following furnishings : 

(1) tables and chairs to seat 
all residents at one tim e ; 
eating in the dining room; 
tables and chairs equal to 
the resident capacitv of the 
home must be on the 
premises ; and 

(2) movable, non-folding 
chairs designed to minimize 
tilting . 

.2213 FIRE SAFETY EQUIPMENT 



NORTH CAROLINA REGISTER 



621 



(a) Fire extinguishers of the 
type recommended by the fire 
inspector must be provided. The 
minimum requirements are: 

( 1 ) one t en pound five pound 
or larger (net charge) 
"A-B-C" type centrally 
located; and 

(2) one -ben p ound five pound 
or larger "A-B-C" or C02 
type located in the kitchen. 

(d) A written fir e e vacua t ion 
fire/disaster plan (including a 
diagrammed drawing) which has 
the approval of the local fire 
department, must be prepared in 
large print and posted in a 
central location on each floor. 
The plan must be reviewed with 
each resident on admission and 
must be a part of the 
orientation for all new staff. 

(e) There must be at least 
four fire rehearsals of the 
fire/disaster plan each year. 
with a-t leas t one tot al 
e vacua t ion «rf th e building ev e ry 
■s^x m o n t hs . Records of 
rehearsals are to be maintained 
and copies furnished to the 
county department of social 
services for submission to t+re 
Division of Facili t y S e rvic e s 
annually. The records must 
include the date and time of the 
rehearsals, staff members 
present, th« l e nijtli «rf t im e for 
■Hre- t o t al e va c u t ions, and a 
short description of what the 
rehearsal involved. 

.2214 BUILDING SERVICE 
EQUIPMENT 

(a) The building and all fire 
safetv. electrical, mechanical, 
and plumbing equipment must be 
maintained in a safe and 
operating condition. 

(c) The hot water tank must 
be of such size to provide an 
adequate supply of hot water to 
the kitchen, bathrooms, and 
laundry. The hot water 
temperature at all fixtures used 
by residents must be maintained 
at a minimum of 100 degrees F 
(38 degrees C) and must not 
exceed -H-9- d e gre e s F -(-43 de g r e es, 
C) . 116 degrees F (46.7 degrees 
C). 



home must have a written 
policy on smoking; e xc e p t ws 
indica te d -in Rul e . 1002 of 
t liis Subchapt e r ; 

.2302 HEALTH CARE 

( d ) If a resident is 
hospitalized, a completed FL-2 
or patient transfer form must be 
obtained before the resident can 
be readmitted to the facility. 

( e ) Between annual medical 
examinations there may be a need 

for a physician's care. The 

Form DSS-1867 or an equivalent 
record is to be used by the 
phvsican to report any drugs 
prescribed and any treatment 
given or recommended for minor 
illnesses . 

( f ) All contacts (office, home 

or telephone ) with the 

resident's physician are to be 
recorded on Form DSS-1867 or an 

equivalent health services 

record which is to be retained 
in the resident's record in the 

home . The physician's orders 

must be included in the health 
services record used for the 
resident, as follows: 

( 1 ) When the resident is 
examined in the physician's 
office, the health services 
record is to be taken and 
the physician is to add all 
necessary information; 

(2 ) VJhen the physician 
examines the resident in the 
home, the physician is to 

add all necessary 

information into the health 
services record; and 

( 3 ) When a physician's order 
is given by telephone, the 

administrator or 

supervisor-in-charge must 

enter this into the health 
services record, initial it 
and have the physician sign 
it the ne.xt time he examines 
the resident in the home or 
office . 

(e) The administrator must 
have specific written 
instructions recorded on Form 
DSS 10G5 as to what to do in 
case of sudden illness, 
accident, or death of a 
resident . 



SECTION .2300 - SERVICES 

.2301 PERSONAL CARE 

Responsible staff must be on 
duty at all times to: 

(4) Supervise, on an 

individual basis, residents 
who smoke and need 
supervision. The degree of 
supervision will be at the 
discretion of the 
administrator or 

supervisor-in-charge. The 



.2303 FOOD SERVICE 
(a) Preparation and Serving of 
Food 

(1) Sufficient staff, space, 
and equipment must be 
provided for safe, sanitary 
foci preparation and 
service, including 
individual assistance to 
residents as needed; 

(2) The kitchen, dining, 

and food storage areas must 
be clean, orderly, and 



622 



NORTH CAROLINA REGISTER 



protected from possible 
contamination; 

(3) All meat processing 

must occur at a North 
Carolina Department of 
Agriculture approved 
processing plant; 

(4) Table service, which 
means the place where the 
resident is served food, 
must include an appropriate 
place setting. Typically, 
the place setting is to 
include a minimum of a 
knife, fork, teaspoon, 
glass, napkin and a plate; 

(5) When room service is 
necessary for physical 
and/or emotional reasons, it 
must be as complete as table 
service with special 
attention to preparation and 
prompt serving in order that 
correct temperatures of food 
are maintained. Hot food 
must be served hot (above 
+40 d e gre e s Pr 60 d e gr ee s G-> 
and cold food served cold. 
(bel o w 45 d e gr ee s Ft ? 
degr e es G ) ; 

(6) If food is transported 
from the kitchen to dining 
area(s) other than the main 
dining room, it must be 
transported in a sanitary 
manner, with hot food served 
hot (abov e +4& d e grees Ft €r& 
d eg r ee s &> and cold food 
served cold. (bel o w 45 
degr e es Ft ■? degr e es G ) . 

(b) Storage of Food: 

(1) All food being stored, 
prepared, and served must be 
protected from 
contamination; 

(2) Any home canning of 
fruits or vegetables must be 
processed using the pressure 
method; and 

(3) At least one week's 
supply of food must be in 
the home. S«e Rul e . 1002 trtF 
t his Sub c hapter f o r an 
exi:.cpt iuii . 

(c) Menu Planning: 
( 1 ) Menus must be 

planned — -in writing , wi t h 
serving quan t i t i e s 

specifi e d . or reviewed and 

signed ( including 

registration number) by a 
registered dietitian or must 
be planned by the home and, 
in either case, must be 
planned in accordance with 
the requirements cited in 
Paragraph (d) of this Rule 
regarding Daily Service. 
Menus must be in writing 



with 



serving 



quantities 



use of four-week cycle menus 
is encouraged. 

(2) Menus must be dated in an 
acceptable manner and posted 
in the kitchen for the 
guidance of the food service 
staff; 

(3) Any substitutions made 

in the menu must be of equal 
nutritional value and must 
be recorded before being 
served to indicate the foods 
actually served to 
residents; 

(4) Meals shall be planned 
taking into account the food 
preferences and customs of 
the residents. Meat 
substitutes must be provided 
to residents who choose to 
be vegetarians or who by 
religious or cultural 
preferences do not eat meat. 
However, an administrator 
may not impose his/her own 
vegetarian practices, or 
other religious or cultural 
food practices on a 
resident; and 

(5 ) M e nus tts s e rv e d and 
invoi ce s or oth e r 
appr o pria te rec e ip t s of 
p ui 'c lias e s must bw kep t on 
fil e by the montlt f or a y e ar 
and ar« subj e c t to p e riodic 
r e vi e w by b o na fid e 
insp e c t ors and th e 
m o ni to rin g and lic e nsing 
a ge n c i e s . 

(5) A copy of the NCDA 

Diet Manual must be in the 
home for use in its food 

service . Where there is a 

cluster of homes, one diet 
manual may be shared by the 
homes . 

(5) (6) Menus as served 

and invoices or other 



appropriate 



receipts 



of 



specified. The menus si iall 
are to be prepared at least 
one week in advance . The 



purchases must be kept on 
file by the month for a year 
and are subject to periodic 

review by bona fid e 

inspec t ors and the 
monitoring and licensing 
agencies . 
(e) Special Diets. 

(1) All th e rap e utic or 
modifi e d special diet orders 
must be in writing from the 
resident's physician. 
Special diet orders must be 
calorie or gram specific 

unless standing orders, 

which include the definition 
of any special diets, have 
been obtained from the 
physician and are on file in 
the home . 

(2) Menus for these special 
diets must be planned and or 
r e view e d by a r e gis te r e d 
die t itian; or reviewed and 
signed ( including 



NORTH CAROLINA REGISTER 



623 



registration number) by a 
registered dietitian with 



the 



exception 



of 



the 



standing orders for special 
diets ; 
(5) The administrator is 

responsible for maintaining 
an accurate and current 
listing of residents for 
whom special diets have been 
prescribed and a special 
diet ordered, for use by 
food service personnel; 

(4 ) The administrator shall 
ask a physician or 
registered dietitian for 
answers to questions about 
the diets of residents; and 

(5 ) The administrator is 
responsible for assisting 
residents who need special 
diets in understanding and 
accepting these diets. 

(f ) Resourc e s -for- Gervic e s • 
A copy trf tWs ff€&ft Di et Manual 
must be "in the liome for use "xn 
food s e rvi ce . See Rul e . 1002 ryf 
t his Gubchap te r •for an 
e xcep t ion . 

.2304 ACTIVITIES PROGRAM 
(a) Each home must develop a 
program of activities designed 
to promote the residents' active 
involvement with each other, 
their families, and the 
community. The program is to 
provide social, physical, 
intellectual, and recreational 
activities in a planned, 
coordinated, and structured 
manner, using the Activities 
Supervisor ' s Guid e , Activities 
Coordinator's Guide, a copy of 
which each facility is required 
to have . When there is a 
cluster of homes, one Activities 
Coordinator's Guide may be 
shared by the homes. 

Cb) The program must be 
designed to promote active 
involvement by all residents but 
is not to require any individual 
to participate in any activity 
against his will . 

(c) Each home must assign 

a person to be the activities 

coordinator, who meets the 

qualifications specified in Rule 

.2006 of this Subchapter. The 

activities coordinator is 

responsible for responding to 

the residents' need and desire 

for meaningful activities, by: 

(1) Reviewing upon admission 

personal information about 

each resident's interests 

and capabilities recorded on 

an individualized index card 

or the equivalent . This 

card is to be completed 

from, at least, the 

information recorded on the 

Resident Register, Form 



DSS-1865. It must be 
maintained for use by the 
activities coordinator for 
developing activities and is 
to be updated as needed; Gee 
Rul e . 1002 trf -Hriis 
S ubchap t er for art ex c e ption ■ 

(2) Using the information on 
the residents' interests and 
capabilities to arrange for 
and provide planned 
individual and group 
activities for the 
residents. In addition to 
individual activities, there 
must be a minimum of 10 
hours of planned group 
activities per week; e xcep t 
«rs indica te d -in Rule . 1 002 
o^ th-rs Gubcl^apt e r . 

(3) Preparing a monthly 
calendar of planned group 
activities which is to be in 
easily readable, large 
print, posted in a prominent 
location on the first day of 
each month, and updated when 
there are any changes; Ge e 
Rnie . 1002 trf thiis 
Gubcha pte r ftrr an exc e p t ion ■ 

(4) Involving community 
resources, such as 
recreational, volunteer, 
religious, aging and 
development ally 

disabled -associated 
agencies, to enhance the 
activities available to 
residents. The coordinator 
may use the home's aides in 
carrying out some activities 
with residents; and 

(5) Evaluating and 
documenting the overall 
effectiveness of the 
activities program at least 
every six months with input 
from the residents t lir o ugh a 
group mee t ing witli t+re 
resid e n t s aird community 
I ' osom ces w hich have 
s p o nso re d ac t iviti e s to 
determine what have been the 
most valued activities and 
to elicit suggestions of 
ways to enhance the program. 
Tli e adult homes spei^lalii^t 
-ITS tr? be notified «rf t+te 
mee t ing -irt advance . Th e 
effectiv e n e ss ryf both tire 
individual and group 
ac t ivi t i e s are ■bo be 
evalua t ed . The 
par t icipa t i o n erf e ach 
resid e n t in activi t i e s m ust 
be rev i e w e d anti discuss e d te 
■STTxi t+te d e v e lo pme n t «r£ a 
pro^ j ram approp r ia t e tro e ach 
residen t ' s n ee ds , 
capabili t i e s and interes t s . 
See Rule . 1002 ef t his 
Gubchap t er -fer an e xcep t ion . 

(d) A variety of group and 



624 



NORTH CAROLINA PEGISTER 



Individual activities miiEt be 
provided. The program is to 
include, at least, the following 
types of activities: 

(1) Social and Recreational 
Activities : 

(D) Each resident must have 
the opportunity to 
participate in at least 
one outing every other 
month. A resident 
interested in involving 
himself in the community 
more frequently shall be 
encouraged and helped to 
do so. The coordinator is 
to contact volunteers and 
residents' families to 
assist in the effort to 
get residents involved in 
activities outside the 
home; S«« Rul e . 1002 xyf 
t his Subchapter for an 
exc e ption • 

.2305 OTHER PERSONAL SERVICES 

(b) Mail. 
(1) Residents shall receive 
their mail promptly and it 
must be unopened unless 
there is a written, 
v;itnessed request 

authorizing management staff 
to open and read mail to the 
resident. This request must 
be recorded on Form 
DSS-1865, the Resident 
Register or the equivalent; 

(f) Visiting. 
(3) A signout register must 
be maintained for planned 
visiting and other scheduled 
absences which indicates the 
resident's departure time, 
expected time of return and 
the name and telephone 
number of the responsible 
party; e xc e pt as indica te d 
•in Rul e . 1002 o* t his 
Subcha pte r; and 

SECTION .2400 - ADMISSION 
POLICIES 

.2402 MEDICAL EXAMINATION 

(a) Each resident must have a 
medical e.xaminiation including 
the necessary tests for 
tuberculosis, before admission 
and annually thereafter. The 
necessary tests for tuberculosis 
are those recommended by the 
Division of Health Services for 
residents in high risk settings. 

(b) The results of the 
complete examination are to be 
entered on Form FL-2 . The 
examining date recorded on the 
FL-2 must be no more than 90 
days prior to the person's 
admission/readmission to the 
home . The FL-2 must be in the 
facility before 
admission/readmission or 



accompany the resident upon 
admission/readmission and be 
reviewed by the administrator or 
supervisor-in-charge before 
admission/readmission. If the 
information on the form is not 
clear or is insufficient, the 
administrator or 

supervisor-in-charge must 
contact the physician for 
clarification in order to 
determine if the services of the 
facility can meet the 
individual's needs. The 
completed Form FL-2 must be 
filed in the resident's record 
in the home . 

(c) The administrator must 
make arrangements for any 
resident, who has been an 
inpatient of a psychiatric 
facility within 12 months before 
entering the home and who does 
not have a current plan for 
psychiatric care, to be examined 
by a local physician or a 
physician in a mental health 
center within 30 days after 
admission and to have a plan for 
psychiatric follow-up care when 
indicated, using Form DSS-1867 
or an equivalent record. 

(d) a a r e sid e n t irs 
h o spi t aliz e d, a compl ete d FL 2 
trr pa t i e n t t ransf e r for m luust b« 
o btained bef o r e t h e residen t can 
ire r e admi tte d to th e facili t y . 

( e ) B cti ' jeen annual i imdical 
e xamina t ions t her e may be a n ee d 
•for a p hysi c ian' s car e . Th e 



car e . 

F o r m DSS — 1 007 or an equivalen t 
recor d -irs to bo us e d by tho 
p hysi c ian to repor t any drugs 
p r e scribed and any t r e atm e n t 
giv e n or r e comm e nd e d for minor 
illn e sses . 
■(-f-)- AH contacts ( o ffi ce , hom e 
or te l e phon e ) wi t h th« 
resident' s physician are to be 
r e corded on Form BSS — 1 007 or an 
e quival e n t health servic e s 
record which irs to be retained 
•in the r e sid e n t ' s record in th e 
I ' lo me . The p hysi c ian' s ord e rs 
mtrs-t be includ e d •in the li e alth 
s e rvices r e c o rd us e d fxrr th e 
re sid e n t , as f o ll o ws ■ 

-H-)- VJh e n the icbid e nt -irs 

e xa m ined •in the pliysician' s 
offic e , t h e l^cal t h servic e s 
record -irs to be taken and 
the physician •i^ to add all 
nec e ssary inf o rmation; 
■(-24 When the physician 

e xamines the r e siden t ^in the 
li o i i ie , the p liysician -ts to 
add all necessary 
informa t ion in to the h e alth 
servic e s I ' ecord; and 
(3 ) When a physician' s ord e r 
irs g iv e n by t elephon e , the 
administrator or 

supervisor in charg e mtrst' 
enter t iixs into the healtli 



NORTH CAROLINA REGISTER 



625 



s er vic e s r e cord, ini t ial -i-b 
and have' -Hre physi c ian aiyii 
•art "the n e xt t im e h« e xamin e s 
■the r e sid e nt -in -the h o m e or 
offic e ■ 

.2404 RESIDENT REGISTER 
(b) The administrator or 
supervisor-in-charge must revise 
the completed Resident Register 
(Form DSS-1865) with the 
resident or his responsible 
person as needed. and r e vi e w 
the R e sident R e gis te r irt l e as t 
annually . 

.2405 INFORMATION ON HOME 
At admission, the administrator 
or supervisor-in-charge must 
furnish and review with the 
resident or his responsible 
person essential information on 
the home. A statement 
indicating that this information 
has been received is to be 
signed and dated by each person 
to whom it is given. This 
statement must be retained in 
the resident's record in the 
home. The information must at 
least include : 

(1) a copy of the home's 
resident contract specifying 
rates for resident services 
and accommodations; 

( d ) Rates must he 

comm e nsura te wi t h servi ce s 
required by t h e r e siden t and 
acco m modat ions provid e d by 
■th« hom e ; 

(2) a written copy of any 
house rules, including the 
conditions for the discharge 
and transfer of residents, 
the refund policies, and the 
home's policies on smoking, 
alcohol consumption and 
visitation. e xc e p t as 
indica te d -in Rute . 1002 trf 
t his Subcha pte r . The 
resident or his responsible 
person must be promptly 
notified of any change(s) in 
the house rules and provided 
an amended copy. All house 
rules must be consistent with 
the rules in this Subchapter; 

(4) a copy of the home's 

grievance procedures which 
must indicate how the 
resident is to present 
complaints and make 
suggestions as to the home's 
policies and services on 
behalf of himself or others; 
and Se« Rul e . 1002 of t his 
Sub c hap ter -for an exc e p t ion; 
and 

SECTION .2500 - DISCHARGE 
POLICIES 



.2501 



OTHER LIVING 
ARRANGEMENTS 



The administrator must n ot ify 
discuss with the resident and 
his responsible person the need 
to make other plans for the 
resident when: 

(1) The resident's physician 
indicates the resident's 
condition has improved to the 
point he can live outside a 
domiciliary facility with 
family and/or community 
support services; 

(2) The resident's physician 
certifies that the resident 
needs professional nursing 
care or intermediate care 
under medical supervision. 
In this situation, plans for 
other placement must be made 
as soon as possible and the 
county department of social 
services will assist the 
administrator and/or resident 
in making arrangements for 
necessary care when 
requested; 

(3) The resident's condition 
is such that he is a danger 
to himself or others. tf 
tliis -is t h e opini o n rrf t h e 
adminis t ra t or, he must 
arrange for Tcn appropriat e 
p r o fessional e valua t i o n of 
the r e siden t ' s condi t ion to 
cer t ify t^re validity of t+re 
concern; and 

(4) The resident makes a 
written request or otherwise 
indicates an earnest desire 
to transfer to another 
licensed home. 

.2505 REQUIREMENTS FOR 
DISCHARGE 

(c) Exceptions to the required 
notice are cases where a delay 
in discharge would jeopardize 
the health or safety of the 
resident or others in the home. 
^ts c e rtifi e d by t+te r e sident ' s 
p h y si c ian and/ o r approved by t h e 
c o unty departmen t of social 
servic e s . 

SECTION .2700 - MEDICAL POLICIES 

.2703 MANAGEMENT OF DRUGS 
The administrator is 
responsible for establishing and 
implementing procedures for the 
use of drugs by residents in the 
home that are in accordance with 
the requirements presented in 
this Section. The administrator 
must consult with a pharmacist, 
physician, public health nurse, 
or other registered nurse in 
establirhing these procedures. 
(3) Labeling of Drugs 
(b) The container label of 
each prescription drug must 
include the following 
information : 
(vi) the name of the drug 



626 



NORTH CAROLINA PEGISTER 



as prescribed. If generic 
equivalent drugs are 
dispensed^ they must b^ 
disp e nsed •irt c o mpliance 
with curr e n t stat e and 
fed e ral regula t ions . Ttre 
dispensing practi t ion e r is 
■to no t ify tfte facili t y irf 
approv e d subs t i t u t ion 
occurs tr> pr e v e n t 
c o nfusion ami the generic 
name is to appear on the 
label; 

(4) Administration of Drugs 
(b) The administrator must 

assure that only persons 
authorized in writing by a 
physician or local health 
department give injections. 

Registered nurses and 

licensed practical nurses 
are authorized to give 
injections in accordance 
with the provisions of the 
Nursing Practice Act and no 
further authorization is 
required . 
(i) Oral solid drugs must be 
prepared for administration 
within 24 hours of the 
prescribed time for 
administration. The 

administrator must designate 
appropriately trained staff 
to be responsible for 
preparing the drugs for 
administration. &ct; Rul e 
■ 1 002 o^ tirirs Gubcl ' iap t er f o r 
an e xcep t ion : 
(j) If drugs are prepared 
for administration in 
advance, the following 
procedures must be used to 
keep the drugs identified up 
to the point of 
administration and protect 
them from contamination and 
spillage -. 

(v) Trays or other devices 
are to be locked in a the 
separate drug storage 
cabinet or closet to which 
only authorized persons 
have access; and 

(5) Review of Drugs. The 
administrator is responsible 
for obtaining a drug regimen 
review of each resident at 
least every six months. The 
review is to be performed by 
a pharmacist, physician, 
public health nurse, or other 
registered nurse. The 
administrator must assure 
that he is informed of the 
results of the review. The 
Form FL-2 , Form DSS-1867 or 
the equivalent is to be 
maintained by the facility to 
record these findings, 
recommendations and 
corrective action. Se« Rul e 
. 1 002 «rf t his Subchap t er -for 
an e xcep t ion . 



SECTION .2900 - HANDLING FUNDS 
OF RESIDENTS 

.2903 ACCOUNTING FOR 
PERSONAL FUNDS 

(a) To document a resident's 
receipt of his personal needs 
allowance after payment of the 
cost of care, a statement must 
be signed by the resident, or 
marked by the resident with two 
witnesses' signatures. The 
statement is to be maintained in 
the home . 

(b) Upon the written 
authorization of the resident or 
his legal guardian or payee 
recorded on Form DSS-1865 or the 
equivalent , an administrator may 
handle the personal money for a 
resident, provided an accurate 
accounting of monies received 
and disbursed and the balance on 
hand is available upon request 
of the resident or his legal 
quardian or payee. The 
administrator is to use Form 
DSS-1866 or an approved method 
of bookkeeping in maintaining 
the account . 

( c ) Every t ime tlie 
administra t or r e c e iv e s xrc 
disburs e s personal funds , t h e r e 
mus t ire a record o^ the 
transacti o n signed by ttre 
r e sid e nt, or marked by t+t« 
r e :!.iden t with two wiiiieas e ss 
signatur e s . There must be a 
record of each transaction. The 
record of transactions must be 
signed by the resident or marked 
bv the resident with two 
witnesses' signatures at least 
monthly verifying the accuracy 
of the disbursement of personal 
funds . The record is to be 
maintained in the home. 

(d) A resident's personal 
funds cannot be commingled with 
facility funds or with the 
personal funds of other 
residents in a savings accoun t 
an interest-bearing account set 
up by the administrator. All or 
any portion of a resident's 
personal funds are to be 
available to the resident or his 
legal guardian or payee upon 
request during regular office 
hours, except as provided in 
Rule .3002 of this Subchapter. 

SECTION .3000 - REFUND POLICIES 

.3003 SETTLEMENT OF COST 
OR CARE 

(a) If the resident, after 
being notified by the home of 
its intent to discharge him in 
accordance with Rule .2505(a) of 
this Subchapter, moves out of 
the home before the two weeks 
(14 days) has elapsed, he shall 



NORTH CAROLINA REGISTER 



627 



receive a refund equal to the 
cost of care for the remainder 
of the month minus any nights 
spent in the home during the two 
week period. The refund is to 
be made within 14 days from the 
date of notice for a resident 

who is returning to an 

independent living arrangement 
in the communitv and within 30 
days from the date of notice for 
all other circumstances where a 
resident is leaving the home. 

(b) If the resident, after 
giving written notice to the 
home of his intent to leave in 
accordance with Rule .2505(b) of 
this Subchapter, moves out of 
the home before the two weeks 
(14 days) has elapsed, the 
resident owes the administrator 
an amount equal to the cost of 
care for the 14 days. If the 
two weeks' period for a resident 
receiving State-County Special 
Assistance extends into another 
month and the resident moves 
early, the former home is 
entitled to the required payment 
before the new home receives any 
payment. The resident shall be 
refunded the remainder of any 
advance payment following 
settlement of the cost of care. 
The refund is to be made within 
14 days from the date of notice 
for a resident who is returning 

to an independent living 

arrangement in the community and 
within 30 days from the d a te of 

notice for all other 

circumstances where a resident 
is leaving the home. 

(c) When there is an exception 
to the notice as provided in 
Rule .2505(c) of this Subchapter 
to protect the health or safety 
of the resident or others in the 
home, the resident is only 
required to pay for any nights 
spent in the home . A refund is 
to be made within 14 days from 
the date of notice for a 
resident who is returning to an 
independent living arrangement 
in the community and within 30 
days from the date of notice for 
all other circumstances where a 
resident is leaving the home. 

(d) When a resident leaves 
the home with the intent of 
returning to it, the following 
apply: 

(4) On notice by the resident 
or someone acting on his 
behalf that he will not be 
returning to the facility, 
the administrator must 
refund the remainder of any 
advance payment to the 
resident or his responsible 
person, minus an amount 
equal to the cost of care 
for the two weeks (14 days) 



red by the agreement . 

refund is to be made 

within 14 days from the date 

otice for a resident who 
returning to an 



cove 
The 



of nc 



independent 



living 



anqement in the community 
within 30 days from the 
date of notice for all other 
circumstances where a 



and 



resident is leaving the 
home ; 



SECTION .3100 - RECORDS AND 
REPORTS 

.3101 RESIDENT'S RECORDS 
(c) The following records must 
be maintained on each resident 
in the resident's record in the 
facility. They are to be kept 
in an orderly manner and be 
readily available for review by 
representatives of the 
monitoring and licensing 
agencies . 

(3) Receipt for: 

(B) house rules to include 
discharge/transfer and 
refund policies; e xc ept as 
indica t ed -in Rule . 1 002 erf 
t his Gubchap te r ; 

(D) home's grievance 
procedures; and exc e p t «rs 
indica t ed in Rul e . 1002 o^ 
this Subchapter ; and 

(E) civil rights statement, 
e x cept ws indicat e d -in 
Rul e .1002 or this 
GuLchap t er . 

.3102 DISPOSAL OF RESIDENT'S 
RECORDS 

(b) After a resident has left 
the home or died, his records 
must be put in order and filed 
in a safe place in the home for 
a period of three years, and 
then may be destroyed. 

SECTION .3300 - APPLICATION 
PROCEDURES 



.3301 EXISTING BUI 

(c) The following 

reports shall be 

through the county d 

social services to 

division of facility 

+64 Pmm DGG 1002 

(Applica t i o n 

Sup e rvisor — in Oh 



LDINS 
forms and 

submitted 
epartment of 
the state 
services : 

for 
ai'ge ) wrier e 



■HH- "Ponn DGG 10G3 
(R e coiimonda t ion 
GupiJi visor in Ch 



for 
ar ge ) wher e 



applicabl e ; 

SECTION .3400 - LICENSING 
INFORMATION 

.3402 RENEWAL OF LICENSE 
(a) The license will be 



628 



NORTH CAROLINA REGISTER 



renewed annually on evidence 
that: 

C2) The following reports 
have been submitted to the 
county department of social 
services within each 
12-month period which will 
forward them to the Division 
of Facility Services: 
(E) DSS-1871 

(Evalua t ion ftyr R e n e wal trf 
Lic e nse) . (Annual 

Recommendation for Renewal 
of License ) . This form is 
to be submitted by the 
county department of 
social services at least 
30 days in advance of the 
expiration date of the 
license, with a copy to 
the administrator. 

SUBCHAPTER 42D - LICENSING OF 
HOMES FOR THE AGED AND INFIRM 

SECTION .1200 - GENERAL POLICES 

.1202 EXCEPTIONS (REPEALED) 



SECTION .1300 



MANAGEMENT 



.1301 MANAGEMENT 
(b) In addition to the 
requirements in 10 NCAC 42C 
.1901 (a) and (c), the following 
describes the ways the 
administrator can manage the 
operation of a home for the aged 
and disabled. At all times 
there must be one ap p rov e d 
p ers o n administrator or 
supervisor-in-charge who is 
directly responsible for 
assuring that all required 
duties are carried oat in the 
home and for assuring that at no 
time is a resident left alone in 
the home without a staff member. 
One of the following 
arrangements must be used: 

(1) The administrator lives 
in the home, or resides 
within 500 feet of the home 
and is immediately 
available. To be 

immediately avilable, the 
administrator must be on 
intercom system or a two-way 
intercom line on the 
existing telephone system 
that connects the licensed 
home with the private 
residence of the 
administrator. The 

equipment installed must be 
recogiiizud by -Hre North 
Carolina Depa rt men t o-f 
Insuranc e zrs a cce p t abl e «tnd 
t+re e quipm e n t -in t+te 
i - esidence trf ttre 

adminis t ra t or must he 
l o ca t ed -in his bedroom; in 
working condition and must 



be located in the bedroom of 
the administrator; or 
(4) When there is a cluster 
of licensed homes, each with 
a capacity of 7 to 12 
residents, located 

adjacently on the same site, 
there must be at least one 
staff member, either live-in 
or on a shift basis in each 
of these homes. In 
addition, there must be at 
least one administrator or 
supervisor-in-charge who 
lives within 500 feet of 
each home, is immediately 
available, and who is 
directly responsible for 
assuring that all required 
duties are carried out in 
each home. To be 
immediately available, the 
administrator or 

supervisor-in-charge must be 
on stand-by and have direct 
access to either a two-way 
intercom system or a two-way 
intercom line on the 
existing telephone system 
that connects these homes 
with each other and with the 
residence of the 
administrator or 

supervisor-in-charge. The 
equipment installed must be 
r e cognized by t h e Nor t h 
Car o lina D ep ar t m e n t vf 
Insuranc e ws acc e p t abl e anti 
the e quipm e n t den the 
r e sid e nc e «rf the 
adminis t ra to r or 

su pe rvis o r in cltarg e must be 
lo c a te d -in his b e droo m . in 
working condition and must 
be located in the bedroom of 

the administrator or 

supervisor-in-charge . 



SECTION .1400 



PERSONNEL 



.1403 QUALIFICATIONS OF 

ACTIVITIES COORDINATOR 

(b) Rules contained in 10 NCAC 
42C .2006(1) through -fS^ (3) 
shall control for this 
subchapter . 

.1404 QUALIFICATIONS OF FOOD 
SERVICE SUPERVISOR 

(a) The food service 
supervisor shall be experienced 
in food service and willing to 
accept consultation from a 
registered dietitian. or 
nu tr i t ionis t approv e d by t h e 
North Car o lina Departm e nt of 
Human Resourc e s . 

SECTION .1500 - THE BUILDING 

.1503 PHYSICAL ENVIRONMENT 
The home must provide ample 
living arrangements to meet the 
individual needs of the 



NORTH CAROLINA REGISTER 



629 



residents, the live-in staff and 
other live-in persons. 

(4) The requirements for the 
bedroom are: 

(j) Walls mus t ire e asily 
e l e anabl e ; and 

(5) The requirements for 
bathrooms and/or toilet rooms 
are : 

(g) Each home must have at 
least one bathroom opening 
off the corridor with: a 
door three feet minimum 
width, a three feet by three 
feet roll-in shower designed 
to allow the staff to assist 
a resident in taking a 
shower without the staff 
getting wet, a bathtub 
accessible on at least two 
sides, a lavatory and a 
toilet. If the tub and 
shower are in separate 
rooms, each room must have a 
lavatory and a toilet. All 
fixtures must meet the State 
Building Code requirements 
for the physically 
handicapped in effect at the 
time the building was 
constructed; 

(6) The requirements for 
storage rooms/closets are: 

(d) Housekeeping storage 
requirements are: 
(ii) There must be separate 
locked area(s) for storing 
cleaning agents, bleaches, 
pesticides, and other 
substances which may be 
hazardous if ingested, 
inhaled or handled. 
Cleaning supplies must be 
supervised while in use; 
(8) The requirements for 

outside entrances/exits are: 
(d) In homes with at least 
one resident who is 
determined by a physician or 
is otherwise known to be 
disoriented or a wanderer, 
each required exit door 
shall be equipped with a 
sounding device that is 
activated when the door is 
opened. The sound must be 
of sufficient control panel 
that will deactivate the 
sounding device may be used 
provided the control panel 
is located in the office of 
the administrator. 

Curr e ntly licensed 

faciliti e s will liav e +2 
mon t hs to comply wi t h t his 
requii e iii e iil . 

.1504 HOUSEKEEPING AND 
FURNISHINGS 

(a) The requirements in 
10 NCAC 42C .2212 shall control 
for this Subchapter, except that 
a n e wspap e r arrd an e asily 
r e adabl e clock must: be p ro vided 



Tn tlie jiomes for the aged and 
disabl e d ffs xrf Apr il +-r 1 9 04. 
home for the aged and disabled 
must have an approved sanitary 
classification at all times in a 
home with twelve beds or less 
and must have a sanitary grade 
of ninetv or above at all times 
in a home with thirteen beds or 
more . 

SECTION .1600 - FIRE SAFETY AND 
OTHER REQUIREMENTS 

.1502 FIRE EXTINGUISHERS 

(a) At least one -1-0 po und 
five pound or larger (net 
charge) A-B-C type fire 
extinguisher is required for 
each 2,500 square feet of floor 
area or fraction thereof. 

(b) One -1-0 pound five pound 

or larger (net charge) A-B-C or 
co2 type is required in the 
kitchen and, where applicable, 
in the maintenance shop. 

.1603 PLAN FOR EVACUATION 

(a) A written fir e e vacuation 
fire/disaster plan (including a 
diagrammed drawing) which has 
the approval of the local fire 
department must be prepared in 
large print and posted in a 
central location on each floor. 
The plan must be reviewed with 
each resident on admission and 
must be a part of the 
orientation for all new staff. 

(b) There must be at least 
rehearsals of the fi re 
departm e n t fire/disaster plan 
each year (four times on each 
shift). Wi t h at l e as t o ne tot al 
evacua t ion o-f "Hre building e very 
si.x m onths ( one on firs t and 
second shif t s ) . All t hird shif t 
per s o nn e l ar e to participa t e im 
tht? t wo t o t al e va c uations . 

(c) Records of rehearsals 
shall be maintained and copies 
furnished to the county 
department of social services to 
bt? submit te d to th e Divisi o n rr£ 
Fa c ili t y S e rvic e s annually. The 
records must include the date 
and time of the rehearsals, the 
shift, staff members present, 
tht? l e ng t h trf t ime -for th« t o tal 
evacuations, and a short 
description of what the 
rehearsal involved. 

.1605 OTHER REQUIREMENTS 
(a) The building and all fire 
safety, electrical, mechanical, 
and plumbing eguinment must be 
maintained in a safe and 
operating condition. 

(c) The hot water system must 
be of such size to provide an 
adequate supply of hot water to 
the kitchen, bathrooms, laundry, 
housekeeping closet (s) and soil 



630 



NORTH CAROLINA Rt-GISTER 



utility room. The hot water 
temperature at all fixtures used 
by residents must be maintained 
at a minimum of TOO degrees F 
(38 degrees C) and must not 
exceed -H-& d e gr e es F -(-4^ dogi eei> 
e->-r 116 deerrees F (46.7 degrees 
C). 



SECTION .1700 



SERVICES 



.1704 ACTIVITIES PROGRAM 
The requirements in 1 NCAC 
42C .2304 shall control for this 
Subchapter. ex c e p t t liat . 
( 1 ) Th ere mu&t btr -a minimu m trf 
■l-O hours orf planned group 
activities per w e ek ?rs tyf 
April -t-r 1 9 4-r -irt all homes 
■torr the aged -anti disabl e d; 
and 
■frSr)- All hom e s for th e aged and 
disabled are resp o nsible -for 
the pr e paration tyf a monthly 
c alendar of planned group 
activiti e s ws of April -t-r 
1 9 04. 

.1705 OTHER PERSONAL SERVICES 
The requirements in 10 NCAC 
42C .2305 shall control for this 
Subchapter. excep t tliat a 
sigiioufc regis ler m us t be 
maintained for planned visi t ing 
and o tli cr scheduled abs e n ce s -in 
aii h om es for the ag e d and 
disabled as of A p ril +-r 1904. 



CHAPTER 49 - AFDC 

SUBCHAPTER 49D - WORK 
SUPPLEMENTATION PROGRAM (WSP) 

.0001 WSP OPERATION 

(a) Requirements pertaining to 
operation of WSP are found in 45 
CFR 239. 

(b) WSP will be operated only 
in limited specific geographical 
areas of the State. The areas 
will be determined by the 
Division of Social Services. 

.0002 ELIGIBILITY FOR 
PARTICIPATION 

AFDC recipients or applicants 
in the following categories 
shall be eligible to volunteer 
to participate in WSP: 

(a) AFDC recipients living 

in the specified areas who 
are not exempt from the work 
requirement in place in that 
area; and> 

(b) AFDC recipients who are 
exempt from work 
registration solely due to 
being the caretaker of a 
child between the ages of 
three to six years. 

.0003 WSP PROCEDURES 

(a) AFDC payment amounts will 



be diverted into the wage pool 
up to a maximum of nine months 
per participant. 

(b) No residual payment will 
be provided to the AFDC 
recipient . 

(c) The amount to be diverted 
will remain fixed during the WSP 
period . 

(d) Monthly reporting will be 
required for all WSP 
participants . 



Notice is hereby given in 
accordance with G.S. 1508-12 
that the Department of Human 
Resources intends to amend 
regulation cited as 10 NCAC 46D 
.0103. 

The proposed effective date of 
this action is April 1, 1987. 



Statutory Authority: 
143B-153(2a). 



1433-10; 



The public hearing will be 
conducted at 9:00 a.m. on 
February 13, 1987 at Albemarle 
Building, 325 N. Salisbury 
Street, Raleigh, N.C. 27611. 

Comment Procedures: Written 
comments concerning this 
amendment must be submitted by 
February 12, 1987, to the 
Secretary, Department of Human 
Resources, to the attention of 
the APA Coordinator, Office of 
Legislative & Legal Affairs, 325 
N. Salisbury Street, Raleigh, 
N.C. 27611. Oral comments may 
be presented at the hearing. 

CHAPTER 46 - DAY CARE RULES 

SUBCHAPTER 46D - STATE DAY CARE 
SERVICE FUNDS 

SECTION .0100 - GENERAL 

.0103 ELIGIBILITY 

(e) Child day care services 
provided to children who meet 
the eligibility criteria for 
Child Welfare Services funds as 
provided in the North Carolina 
Division of Social Services 
Family Services Manual, Volume 
1 , Chanter 11 on or after July 
1, 1986, may be paid for with 
state day care funds. 

TITLE 14A - DEPARTMENT OF CRIME 
CONTROL AND PUBLIC SAFETY 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the ALE Division intends to 
amend regulation cited as 14A 
NCAC 8B .0101 . 



NORTH CAROLINA REGISTER 



631 



The proposed effective date of 
this action is May 1, 1987. 



Statutory 

18B-500; 

150B-14. 



Authority ; 
143B-10; 



G.S, 
ISOB-lli 



The public hearing will be 
conducted at 10:00 a.m. on 
January 14, 1987 at The Library, 
Second Floor, Archdale Building, 
512 N. Salisbury Street, 
Raleigh, N.C. 

Comment Procedures: Any 
interested person may present 
comments relevant to the action 
proposed at the public hearing 
either in written or oral form. 
Written statements not presented 
at the public hearing must be 
directed prior to January 14, 
1987 to the Administrative 
Procedures Coordinator, Second 
Floor, Archdale Building, 512 N. 
Salisbury Street, Raleigh or 
P.O. Box 27687, Raleigh, NC 
27611 . 

CHAPTER 8 - ALCOHOL LAW 

ENFORCEMENT 

SUBCHAPTER 8B - PERSONNEL 
REGULATIONS 

SECTION .0100 - EMPLOYMENT 
REGULATIONS 

.0101 ALE MANUAL ADOPTION 
BY REFERENCE 

(a) The Alcohol Law 
Enforcement Division of 
Department of Crime Control 
Public Safety adopts 
reference the portions of 
ALE Manual, Personnel 
Regulations 8B .0100-. 0400, 
effective Novs ni b e r Q-r 1 9 05 May 
1, 1987. 

(b) Copies of the manual may 
be inspected in the 
Adminis tr a t iv e Pr o c e dur e s 
S e ction trf ttte A tt orn e y 
G e neral ' s Offic e , +& E-r Jones 
Stre e t , Office of Administrative 
Hearings, Raleigh, North 
Carolina or the ALE Division 
Office, Ground Floor, Archdale 
Building, 512 N. Salisbury 
Street, Raleigh, North Carolina. 



the 

and 

by 

the 



TITLE 15 



NRSCD 



Notice is hereby given in 
accordance with G.S. 150B-12 
that the Environmental 
Management Commission intends to 
amend regulations cited as 15 
NCAC 2D .0103; .0501; .0505; 
.0524 through .0525; .0528; and 
.0533 and 15 NCAC 2H .0603. 

The proposed effective date of 
this action is June 1, 1987. 



Statutory Authority: G.S. 

143-215. 3(a)(1 ); 

143-215. 107(a)(5); 143-215.68; 

150B-14. 

The public hearing will be 
conducted at 2:00 p.m. on 
January 20, 1987 at Ground Floor 
Hearing Room, Archdale Building, 
512 North Salisbury Street, 
Raleigh, North Carolina. 

Comment Procedures: All persons 
interested in these matters are 
invited to attend the public 
hearings. Persons desiring to 
comment on the proposals are 
requested to give written notice 
thereof on or before the hearing 
date. Any person desiring to 
present lengthy comments is 
requested to submit a written 
statement for inclusion in the 
record of proceedings at the 
public hearing. The record of 
proceedings will remain open for 
30 days following the hearing to 
receive additional written 
statements; to be included, the 
statement must be received by 
the department within 30 days. 
Copies of the proposals may be 
reviewed at the regional offices 
of the North Carolina Department 
of Natural Resources and 
Community Development, Division 
of Environmental Management, 
located in the following cities: 

Asheville (704) 253-3341 

Fayetteville (919) 486-1541 

Mooresville (704) 663-1699 

Raleigh (919) 733-2314 

Washington (919) 946-6481 

Wilmington (919) 256-4161 

Winston-Salem (919) 761-2351 

Additional information 

concerning the hearing or the 

proposals may be obtained by 
contacting : 

Mr. Thomas C. Allen 

Div. of Environmental Mgmt . 

P. 0. Box 27687 

Raleigh, NC 27611-7687 

(919) 733-3340 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2D - AIR POLLUTION 
CONTROL REQUIREMENTS 



SECTION 



.0100 - DEFINITIONS AND 
REFERENCES 



.0103 COPIES OF REFERENCED 
FEDERAL REGULATIONS 

(a) Copies of applicable Code 
of Federal Regulations sections 
referred to in this Subchapter 
are available for public 



632 



NORTH CAROLINA REGISTER 



inspection at Department of 
Natural Resources and Community 
Development regional offices. 
They are i 

(2) Winston-Salem Regional 
Office, fr&<>3 Not-Ht P o in t 
Boulevard, Suite 100, 8025 
North Point Boulevard , 



Winston-Salem, 
Carolina 27106; 



North 



SECTION 



,0501 



.0500 - EMISSION CONTROL 
STANDARDS 



COMPLIANCE WITH EMISSION 
CONTROL STANDARDS 
(4) The procedures for 

determining compliance with 
sulfur dioxide emission 
control standards for fuel 
burning sources may be 
either by determining sulfur 
content with fuel analysis 
or by stack sampling. If a 
source chooses to 
demonstrate compliance by 
analysis of sulfur in fuel, 
sampling, preparation, and 
analysis of fuels shall be 
in accordance with the 
following American Society 
of Testing and Materials 
(ASTM) methods: 
(A) coal: 

(i) sampling — ASTM 
Method D 2234- 82; 
(ii) preparation--ASTM 
Method D 2013- 72; 
(iii) gross calorific 
value (BTU)— ASTM Method 
D 2015- 85; 
(iv) moisture content — 
ASTM Method D 3173- 85; 
(v) sulfur content — 
ASTM Method D 3177- 84; 

oil; 
(i) sampling — A sample 
shall be collected at 



(B) 



the 


pipel 


ine 


inle 


t to 


the 


fuel 


burninq 


unit 


after su 


f f icicnt 


fuel 


has 


been 


drained 


from 


the 


line 


to 


remove all 


fuel 


that 


mav 


have 


been 


standing 


in 


the 


line ; 



ASTfJ Method B S^?^-r 
(ii) heat of combustion 
(BTU) —ASTM Method D 
240- 85; 
(iii) sulfur content — 
ASTM Method D 129- 64 
(reapproved 1978). 
The sulfur content and BTU 
content of the fuel shall be 
reported on a dry basis. 
Combustion sources choosing 
to demonstrate compliance 
through stack sampling shall 
follow procedures described 
in Method 6 of Appendix A of 
40 CFR Part 60. 
(g) The version of the methods 
referred to in Paragraph (c) of 
this Regulation is that which 



appeared in the Code of Federal 
Regulations as of May "^ 1900 . 
November 1 , 1986. 

.0505 CONTROL OF PARTICULATES 
FROM INCINERATORS 

(b) if "the par t iculat e 
e missi o ns f r o m any incin e rat o r 
do not: e xce e d . 00 grains per- 
dry standard cubic fo ot 
corr e ct e d tr> iS perc e n t carbon 
dioxide, Pai - agraph -(-a-)- xrf this 
Regula t ion shall nxrt apply . 
Instead of meeting the standards 
in Paragraph (a) of this 

Regulation, the owner or 

operator of an incinerator mav 
choose to limit particulate 
emissions from the incinerator 
to 0.08 grains per drv standard 
cubic foot corrected to 12 

percent carbon dioxide. In 

order to choose this option, the 
owner or operator of the 
i ncinerator shall demonstrate 
that the ambient air gualitv 
standards will not be violated. 
To correct to 12 percent carbon 
dioxide, the measured 
concentration of particulate 
matter is multiplied by 12 and 
divided by the measured percent 
carbon dioxide . 

.0524 NEW SOURCE PERFORMANCE 
STANDARDS 

(a) Sources of the following 
types when subject to new source 
performance standards 

promulgated in 40 CFR Part 60 
shall comply with the emission 
standards, monitoring and 
reporting requirements, 

maintenance requirements, 
notification and record keeping 
requirements, performance test 
requirements, test method and 
procedure provisions, and any 
other provisions, as required 
therein, rather than with any 
otherwise-applicable regulation 
in this Section or Section .0900 
of this Subchapter which would 
be in conflict therewith: 

(54) Onshore Natural Gas 
Processing: S0(2) Emissions 
(40 CFR 60.1 to 60.39 and 
60.640 to 60.649); 

(55 ) Basic Oxvgen Process 
Steelmaking Facilities For 



Which 



Construction 



Is 



Commenced After January 20, 
1983; (40 CFR 60.1 to 60.39 
and 60. 140a to 60.149a) . 
(e) The version of the new 
source performance standard 
listed in Paragraph (a) of this 
Regulation is that which 
appeared in the Code of Federal 
Regulations as of May +-r 1 9 0C . 
November 1. 1986. 



.0525 



NATIONAL EMISSION 
STANDARDS FOR HAZARDOUS 



NORTH CAROLINA REGISTER 



633 



AIR POLLUTANTS 
(a) Sources emitting 
pollutants of the following 
types when subject to national 
emission standards for hazardous 
air pollutants promulgated in 40 
CFR Part 61 shall comply with 
emission standards, monitoring 
and reporting requirements, 
maintenance requirements, 
notification and record keeping 
requirements, performance test 
requirements, test method and 
any other provisions, as 
required therein, rather than 
with any otherwise-applicable 
regulation in this Subchapter or 
Section .0900 of this Subchapter 
which would be in conflict 
therewith : 

(7) equipment leaks (fugitive 
emission sources) (of 
volatile hazardous air 
pollutants) (40 CFR 61.01 to 
61.19 and 61.240 to 61.249); 

(8) inorganic arsenic 

emissions from glass 

manufacturing plants (40 CFR 
61 .01 to 61 .19 and 61 . 140 to 



61 .149); 
(9) inorganic 
emissions 



arsenic 
from 



copper smelters (40 



primary 



CFR 



61 .01 to 61 .19 and 61 . 170 to 
61 .179); 
(10) inorganic arsenic 



emissions 



from 



arsenic 



trioxide 



and 



metallic 



arsenic 



production 



facilities (40 CFR 61.01 to 
61.19 and 61.180 to 61.189); 
(e) The version of the 
national emission standards for 
hazardous air pollutants in 
Paragraph (a) of this Regulation 
is that which appeared in the 
Code of Federal Regulations as 
of Octob e r +-r 1 904 . November 1 , 
1986. 

.0528 TOTAL REDUCED SULFUR 

FROM KRAFT PULP MILLS 
(c) Emissions of total reduced 
sulfur from any kraft pulp mill 
subject to this Regulation shall 
not exceed: 

(8) .0100 .033 pounds per 
ton of black liquid solids 
(dry weight) from any smelt 
dissolving tank. 

.0533 STACK HEIGHT 

(a) For the purpose of this 
Regulation, the following 
definitions apply: 

(7) "Emission limitation" 



means 



established 



requirement 



by 



this 



Subchapter or a local air 
Quality program certified by 
the commission that limits 
the Quantity, rate, or 
concentration of emissions 
of air pollutants on a 



continuous basis, including 
any requirements that limit 
the level of opacity. 



prescribe equipment. 



set 



fuel 



prescribe 



specifications , 



or 



operation 



or 



maintenance procedures for a 
source to assure continuous 
emission reduction. 

SUBCHAPTER 2H - PROCEDURES FOR 
PERMITS: APPROVALS 



SECTION 



,0600 - AIR QUALITY 
PERMITS 



.0607 COPIES OF REFERENCED 

DOCUMENTS 
(a) Copies of applicable Code 
of Federal Regulations sections 
referred to in this Section and 
the North Carolina State 
Implementation Plan for Air 
Quality appendix of conditioned 
permits are available for public 
inspection at Department of 
Natural Resources and Community 
Development regional offices. 
They are : 

(2) Winston-Salem Regional 
Office, 0003 North Poin t 
Boulevard, Suite 100, 8025 

North Point Boulevard , 

Winston-Salem, North 

Carolina 27106; 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the North Carolina Wildlife 
Resources Commission intends to 
amend regulations cited as 15 
NCAC 10B .0105(a); .0201; 
.0202(a) and . 0203(b ) (c ) (d) ( e ) ; 
and .0204(a); .0205(a); 
.0206(a); and .0207(a)(c); 
.0208(a); .0209(a); and 
.0210(a); .0211(a); .0212(a); 
.0214(a); .0215(a); 15 NCAC IOC 
.0205(a); .0305(a) and (b)(8) 
and (12); .0407(87) and (92); 15 
NCAC 10D .0002(c) and (e); 
.0003(c) and (d) (2 ) (3 ) (4) (5 ) ; 15 
NCAC 10H .0901(b)(1). 

The proposed effective date of 
this action is July 1, 1987. 

Statutory Authority; G.S. 
113-134 through 113-306 and 50 
CFR 20 and 21 . 

The public hearing schedule is 
as follows: District 1 
February 18, 1987 - Old Chowan 
County Courthouse, Edenton, NC - 
7:00 p.m.; District 2 - February 
19, 1987 - Craven County 
Courthouse, New Bern, NC - 7:00 
p.m.; District 3 - February 23, 
1987 - Johnston County 
Courthouse, Smithfield, NC 
7:00 p.m.; District 4 - February 
16, 1987 - Old Cumberland County 
Courthouse, Fayetteville, NC - 



634 



NORTH CAROLINA REGISTER 



7:00 p.m.; District 5 - February 
17, 1987 - Alamance County 
Courthouse, Graham, NC - 7:00 
p.m.; District 6 - February 9, 
1987 - North Stanly High School, 
Albemarle, NC - 7:00 p.m.; 
District 7 - February 11, 1987 - 
Wilkes County Courthouse, 
Wilkesboro, NC - 7:00 p.m.; 
District 8 - February 12, 1987 - 
Civic Center Auditorium, 
Morganton, NC - 7:00 p.m.; 
District 9 - February 10, 1987 - 
Swain County Courthouse, Bryson 
City, NC - 7:00 p.m. 

Comment Procedures: Interested 
persons may present their views 
either orally or in writing at 
the hearings. In addition, the 
record of the hearings will be 
open for receipt of written 
comments from January 20, 1987, 
to 5:00 p.m. on February 20, 
1987. Such written comments 
must be delivered or mailed to 
the Wildlife Resources 
Commission, 512 N. Salisbury 
St., Archdale Bldg., Raleigh, NC 
27611 . 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER 1 0B - HUNTING AND 
TRAPPING 

SECTION .0100 - GENERAL 
REGULATIONS 

.0105 MIGRATORY GAME BIRDS 
(a) Cooperative State Rules 

(1) The taking of sea ducks 
(scoter, eider and old 
squaw) during any special 
federally-announced season 
for these species shall be 
limited to the waters of the 
Atlantic Ocean, and to those 
coastal waters south of US 
64 which are separated by a 
distance of at least 800 
yards of open water from any 
shore, island or marsh. 

(2) The extra daily bag and 
possession limits allowed by 
the federal regulations on 
scaup apply in all coastal 
waters east of U.S. Highway 
17, except Currituck Sound 
north of US 158. 

(3 ) The North Ca ro lina o p e n 
season on canvasba ck ducks 
irs limi te d to the last +0 
days trf ■the r e gular duck 
s e ason e s t ablish e d by the 
e^rS-r Fdhsh vend Wildlif e 
S e rvic e , and the wrtra o^ 
open season ts that ptrrt ox 
Pamlico Sound, in c ludin g 
such trf irbs tributa r i es as 
are d e signat e d as c o as t al 
f isliing wa t ers, lying wi t hin 
two miles of the mainland 



(Ou ter Banks e x c lud e d) and 
e xt e ndin g fr om Long Ghoal 
P o in t in Dare County 
southw e st e rly to Pin e y Poin t 
on the nor t h side of Broad 
C ree k n e ar Whortonhville, 
and upstr e am -in Pamlico 
So und to t h e Aurora Delhav e n 
ferry cr o ssing. Th o s e 
wisliin g to htnrfc canvasba c k 
dur ing su c h season and -in 
strch area m ust firs t o btain 
from the Wildlif e R e s o urc e s 
Co iP imission a fr ee c anvasback 
hun t in g p e rmi t which is 
required for t h e p urpos e of 
assuring pos t — s e as o n r eport s 
of hun t in g suc ce ss . 
■(-^ (3 ) Tundra swans may be 
taken during the open season 
by permit only subject to 
limitations imposed by the 
U.S. Fish and Wildlife 
Service. A limited number 
of non-transferable swan 
permits will be issued by 
the Wildlife Resources 
Commission without charge to 
as many applicants who will 
be selected at random by 
computer, and only one swan 
may be taken under each 
permit which must be 
cancelled at the time of the 
kill by cutting out the 
month and day of the kill. 
Accompanying the permit is a 
metal tag which must be 
affixed at the base of the 
right wing of the swan at 
the time and place of the 
kill. In addition, a 
preaddressed postpaid card 
is supplied to each 
permittee on which to report 
the number of days hunted 
and the details of the kill 
if made. It is unlawful to 
hunt swans without having 
the permit and the tag in 
possession or to possess a 
swan without the cancelled 
permit in possession and the 
tag properly affixed to the 
swan . 

SECTION .0200 - HUNTING 

.0201 PROHIBITED TAKING 
It is unlawful for any person 
to take, or have in possession, 
any wild animal or wild bird 
listed in this Section except 
during the open seasons and in 
accordance with the limits 
herein prescribed, or as 
prescribed by 15 NCAC 1 0B .0300 
pertaining to trapping or 15 
NCAC 10D applicable to game 
lands managed by the Wildlife 
Resources Commission, unless 
otherwise specifically permitted 
by law. Lawful seasons and bag 
limits for each species apply 



NORTH CAROLINA REGISTER 



635 



beginning with the first day of 
the listed season and continue 
through the last day of the 
listed season, with all dates 
being included except Sundays. 
Gtate law prohibits liunting wi-th 
f ireai 'ii is rm Sunday e xcept ort On 
military installations under the 
exclusive jurisdiction of the 
federal government — wh e r e the 
open seasons include Sundays. 
When any hunting season ends on 
a January 1 that falls on a 
Sunday, that season is extended 
to Monday, January 2. 

Note: Where local laws 
govern hunting, or are in 
conflict with these 
regulations, the local law 
shall prevail . 

.0202 BEAR 

(a) Open Seasons 

( 1 ) Oc to b e r 1 3 Nov e mb e r 2£ and 
D e c e mber +5 Monday on or 
nearest October 15 to the 
Saturday before Thanksgiving 
and the third Monday after 
Thanksgiving to Januray 1 in 
and west of the boundary 
NC 16 from the 
State line to 
and NC 18 from 
to the South 
Carolina State line. 
( 2 ) Nov e mb e i ' +6 — 1-5 Second 

Monday in November to the 
following Saturday in Hyde , 
Jones and Pamlico Counties. 

(3) N o v e mb e r +& Second Monday 
in November to January 1 in 
Bladen, Carteret, Duplin, 
New Hanover, Onslow and 
Pender Counties; in that 
part of Cumberland County 
south of NC 24 and east of 
the Cape Fear River; and in 
that part of Sampson County 
south of NC 24. 

(4) D e cemb e r 6 Second Monday 
in December to January 1 in 
Brunswick and Columbus 
Counties . 

.0203 DEER (WHITE-TAILED) 

(b) Open Seasons (All Lawful 
Weapons ) 

(1) Male Deer With Visible 
Antlers 

(A) Oc t obei ' +3 Monday on or 
nearest October 15 to 
January 1 in the following 
counties and parts of 
counties : 



formed by 
Virginia 
Wilkesboro 
Wilkesboro 



Beaufort 

Bertie 

Bladen 

Brunswick 

Camdem 

Carteret 

Chowan 

XColumbus 

Craven 



Lenior 

Martin 

Nash 

New Hanover 

Northampton 

Onslow 

Pamlico 

Pasquotank 

Pender 



Currituck 

Dare 

Duplin 

Edgecombe 

Franklin 

Gates 

Greene 

Halifax 

Hertford 

Hoke 

Hyde 

Jones 



Perquimans 

Pitt 

Jf^^Richmond 

Robeson 

XXScotland 

Tyrrell 

Vance 

Warren 

Washington 

Wayne 

Wilson 



X Unlawful to hunt or 

kill deer in Lake 
Waccamaw or within 50 
yards of its shoreline. 

XX See 15 NCAC 1 OD .0003 
(d)(2) for seasons on 
Sandhills Game Land. 

Cumberland: All of the 
county except that part 
north of NC 24 east of 
Fayetteville and east of 
NC 210 north of 
Fayetteville . 

Harnett : That part west 
of NC 87. 

Johnston: All of the 

county except that part 
south of US 70 and west 
of 1-95. 

Moore : That part south of 
NC 211 and east of US 1, 
except on the Sandhills 
Game Land [See 15 NCAC 
10D .0003(d)(2)]. 

Sampson: That part south 
of NC 24 west of Clinton 
and NC 403 east of 
Clinton . 

Wake: That part north of 
NC 54 west of Raleigh 
and US 70 east of 
Raleigh . 
(B) Nov em ber 24 D e c e mb e r 6 

Monday of Thanksgiving 

week to second Saturday 

after Thanksgiving Day in 

the following counties and 

parts of counties: 
Alexander 
Alleghany 
Ashe 
Catawba 
Davie 
Forsyth 
Gaston 
Iredell 
Stokes 
Surry 
Watauga 
Wilkes 
Yadkin 

Lincoln: All of the 

county except that part 
east of US 321 and west 
of NC 27, SR 1360, SR 
1349 and SR 1371 . 

Mecklenburg: That part 
west of 1-77, south of 
NC 73, east of the 
Catawba River, and north 



636 



NORTH CAROLINA REGISTER 



of NC 16 and SR 2004, 
except Cowan's Ford 
Waterfowl Refuge. 
Wa t auga: AH trf "Hre 

co un t y e xcept t ha t par t 
nor t h and w e st o^ N6 

(C) Novemb e r 2^ Dec e mb e r +3 
Monday of Thanksgiving 
week to third Saturday 
after Thanksgiving Day in 
the following counties and 
parts of counties: 

Avery 
Buncombe 
Burke 
Caldwell 
Cherokee 
Clay 

Cleveland 
Graham 
Haywood 
Henderson 
Jackson 
Macon 
Madison 
McDowell 
Mitchell 
Polk 

Rutherford 
Swain 

Transylvania 
Yancey 
Ma co n. Ali xyf •th« county 
e x cept tlia t par t bounded 
Try TTsr tj*T on Tne 
northeast , tJS 441 on th e 
wcSTTT anci TtX/ I uu on xne 
s o utli . 

(D) N o v e mb er +7 Monday 
before Thanksgiving week 
to January 1 in the 
following counties and 
parts of counties: 

Alamance Montgomery 
Anson Orange 

Caswell Person 

Chatham Randolph 
Davidson Rockingham 
Durham Rowan 

Granville Stanly 
Guilford Union 
Lee 

Cabarrus: That part east 
of 1-85. 

Cumberland: That part 

north of NC 24 east of 
Fayetteville and east of 
NC 210 north of 
Fayetteville, but 
excluding the area 
located north and east 
of a boundary formed by 
US 13, US 301, SR 1802, 
SR 1709 and the Cape 
Fear River . 

Harnett : That part east 
of NC 87 and west of US 
401 north of Lillington 
and the Cape Fear River 
south of Lillington. 

Johnston: That part south 
of US 70 and west of 
1-95. 



Moore: That part north of 
NC 211 and west of US 1 . 
Wake: That part south of 
NC 54 west of Raleigh 
and US 70 east of 
Raleigh . 
(2) Deer of Either Sex. 
Deer of either sex may be 
taken during the open 
seasons and in the 
counties and portions of 
counties listed below: 

(A) Octob e r 10 11; 17 10; 
24 25; 5+ and N o v e mber + 
Four consecutive periods 
of Friday and Saturday 

beginning with the 

second Friday in October 
in those parts of Hyde 
and Washington Counties 
known as the Pungo 
National Wildlife 
Refuge . 

(B) Oc t ob e r +3 Monday on 
or nearest October 15 to 
January 1 in that part 
of Brunswick County 
known as the Sunny Point 
Military Ocean Terminal, 
in that part of Craven 
County known and marked 
as Cherry Point Marine 
Base, in that part of 
Onslow County known and 
marked as the Camp 
Lejeune Marine Base, and 
on Fort Bragg Military 
Reservation in the 
counties of Cumberland, 
Hoke and Moore. 

(C) October 2^ a5-r 2^ 
23, 24, 30, 31 and 
November +-r 9-r &7- 1 1 , 
+5-r £+T- 22 6, 7, 11 , 13, 
14, 20, 21 in those 
parts of Camden, Gates 
and Pasquotank Counties 
known as the Dismal 
Swamp National Wildlife 
Refuge . 

(D) October 1-31 with bow 
and arrow only and 
November +-r 5-r 7-r B-r 14, 
+5 7, 11, 13, 14, 20, 21 
in those parts of Anson 
and Richmond Counties 
known as the Pee Dee 
National Wildlife 
Refuge . 

(E) October 21 25 20-24 
with bow and arrow only 
and Nove m ber -l-r 5 0; 
10 11 October 31 and 
November 4, 5, 6, 7, 9, 
1 in that part of 
Currituck County known 
as the Mackay Island 
National Wildlife 
Refuge . 

(F) D e c e mb e r 3 Wednesday 
of the week following 
Thanksgiving in all of 

Catawba, Cleveland, 

Iredell, Rutherford and 



NORTH CAROLINA REGISTER 



637 



Surry Counties; in all 
of Alexander, Alleghany, 
Ashe, Burke, Caldwell, 
Davie, Stokes and Wilkes 
Counties except game 
lands . 
(G) Decemb e r 3 — 4 VJednosday 
and Thursday of the week 
following Thanksctivinq 
in all of Franklin Dare 
and Pitt artd Van ce 
Counties and in the 



parts 
That part 



of 



a 

NC 



following 

counties : 

Beaufort : 

northwest of 
boundary formed by 
32, US 264 and US 1 7 . 

Cabarrus : Tlia t par t 
ea-s+ of HS 52^ 

Carteret; All of the 
county except game 
lands . 

Craven: That part 

bounded on the south 
by SR 1005, on the 
east by SR 1243, SR 
1401, SR 1400 and SR 
1440, and on the north 
by NC 43. 

Currituck: All of the 
county except the 
Outer Banks area. 

Davidson • Tha t par t 

i>outl ' i «rf i — e5-r except 
on ^aure lands . 

Cdgecoi'ibe • That part 
sou t h xrt US BA-r 

Lenoir: That part south 
of the Neuse River. 

Moor e ■ Tha t part soutlt 
of HB 211, exc e pt gam e 
lands ■ 

Nasl ' i . Tha t part north 
ox oS 04 . 

Pamlico: All of the 
county except game 
lands . 

Pasquotank: All of the 
county except Dismal 
Swamp National 
Wildlife Refuge. 

Richmond ■ That par t 
east of Lit t l e Rive r , 
e xc e p t on ganre lands . 

Robeson: That part 

east of a boundary 
formed by SR 1004, NC 
41, NC 211, SR 1620, 
SR 2225, NC 130 and NC 
41 . 

Rowan . Tha t p ar t sou t h 
of T &S and east of oS 
52, e xc e p t on g^ime 
lands . 

Gtai ' ily . AH of county 
e x cept g am e lands . 

Wak e ■ Tha t p ar t n o r t h 
of Ne 54 wosf of 
Ral e i g h znri tfS 9^ e as t 

Wayne : That part south 
of US 70. 
(H) D ece mb e r 3—6 Wednesday 



to Saturday of the week 
following Thanksgiving 
in all of Alamance, 
Caswell, Chatham, 
Durham, Frankl in , 
Granville, Martin, 
Orange, Person, Pitt, 
and R oc kin c jha m 

Rockingham and Vance 
Counties and in the 
following parts of 
counties : 
Anson: All of the 

county except game 
lands and the Pee Dee 
National Wildlife 
Refuge . 
Cabarrus : That part 

east of US 52. 
Currituck: That part 
east of the 
Intracoastal Waterway, 
except the Outer Banks 
and the Mackey Island 
National Wildlife 
Refuge . 
Davidson: That part 

south of 1-85, except 
gano lands . 
Edgecombe : That part 

south of US 64. 
Guilford: That part 

north of a boundary 
formed by 1-40 and 
1-85. 
Hyd e . Aii of ttre 

county e xc e p t Pungo 
Na t ional Wildlif e 
R e fu ge . 
Moore : That part 

south of NC 211, 
except game lands. 
Nash: That part 

north of US 64. 
Perquimans: That part 
south of US 17 and 
east of Perquimans 
River . 
Randolph: That part 

south of US 64 and 
west of US 220, except 
on game lands. 
Richmond: That part 
east of Little River, 
except game lands. 
Rov;an : That part 

south of 1-85 and east 
of US 52, except game 
lands . 
Sampson: That part 

north of a boundary 
formed by US 701, SR 
1157, SR 1004 and SR 
1926, and south of a 
boundary formed by SR 
1214 and NC 24. 
Stanly: All of the 

county except game 
lands . 
Wake : That part 

north of NC 54 west of 
Raleigh and north of 
US 70 east of Raleigh. 
Washington: That part 



638 



NORTH CAROLINA REGISTER 



west of NC 32 and 
south of US 64. 
(I) D e cemb i sr 3 — 1-3 

Wednesday of the week 
following Thanksgiving 
to Saturday of next 
succeeding week in all 
of Duplin, Halifax, 
Northampton — P e rquimans 
and Warren Counties and 
in the following parts 
of counties: 
Beaufort : That part 

southeast of the 
boundary formed by NC 
32, US 264 and US 17, 
except on game lands. 
Bladen: Tha t par t 

e as t of a boundary 
form e d by NB ?A9rr Ne 
^r^^-r SR 1339, "Hre fcytm 
S to r e Tram Road, and 
t h e Gap e Fear Riv er , 
All of the county 
except on game lands . 
Brunswick: That part 
north and east of a 
line formed by US 17, 
NC 211, and the 
Lockwood Folly River. 
Columbus : That part 

east of US 701, NC 
130, SR 1157, SR 1141, 
SR 1139, SR 1118, SR 
1108 and SR 1104. 
Craven: All of the 

county except game 
lands and except that 
part bounded on the 
south by SR 1005, on 
the east 
SR 1401, 
SR 1440, 
north by NC 43. 
Edgecombe: That part 

north of US 64. 
Hyde: All of the 

county excent Pungo 



by SR 1243, 

SR 1400 and 

and on the 



National 



Wildlife 



Refuge . 
Johnston: That part 

south of US 70 and 

east of 1-95. 
Jones: All of the 

county except game 

lands . 
Montgomery: All of the 

county except on game 

lands . 
New Hanover : That part 

north of US 74. 
Onslow: All of the 

county except game 

lands . 
Perquimans: All of the 

county except that 

part south of US 17 

and east of Perguimans 

R iver . 
Richmond: That part 

west of Little River, 

except Pee Dee 

National Wildlife 

Refuge . 



Sampson: That part 

south of a boundary 
formed by US 701, SR 
1157, SR 1004 and SR 
1926. 
(J) D e c em ber 3 — ^3 and 

D e cember 29 January + 
Wednesday of the week 
following Thanksgiving 
to Saturday of the next 
succeeding week and the 
last three days of the 
regular gun season for 
deer in all of Bertie, 
Chowan and Hertford 
counties, and in the 
following parts of 
counties : 
Gates: All of the 

county except Dismal 
Swamp National 
Wildlife Refuge. 
Fender: All of the 

county except game 
lands . 
(3) Game Lands Either-Sex 
Hunts. On the hunt dates 
indicated, deer of either 
se.x may be taken by 
permittees engaged in 
managed hunts conducted on 
game lands in accordance 
with 15 NCAC 10D 
.0003(d)(4). 
(c) Open Seasons (Bow and 
Arrow) 

(1) Authorization. Subject 
to the restrictions set 
out in Subparagraph (3) of 
this Paragraph and the bag 
limits set out in 
Paragraph (e) of this Rule 
(and except where 
prohibited by local law), 
deer of either sex may be 
taken with bow and arrow 
during the following 
seasons : 

(A) S epte mb e r O ct ob er 4 
Monday on or nearest 
September 10 to the 



fourth 



Saturday 



thereafter in the 
counties and parts of 
counties having the open 
season for male deer 
specified by Part (A) of 
Subparagraph(b) ( 1 ) of 
this Rule, except on the 
Sandhills Game Land. 

(B) S e p te mb e r Novemb er 
+5 Monday on or nearest 
September 10 to the 
second Saturday before 
Thanksgiving in the 
counties and parts of 
counties having the open 
seasons for male deer 
specified by Part (B) of 
Subparagraph (b)(1) of 
this Rule. 

(C) Se ptem b e r Octob er 4 
and Oc t ober 13 Nov e mber 
S2 Monday on or nearest 



NORTH CAROLINA REGISTER 



639 



September 



10 



to the 



fourth 



Saturday 



thereafter, and Monday 
on or nearest October 15 
to the Saturday before 
Thanksgiving in the 
counties and parts of 
counties having the open 
seasons for male deer 
specified by Part C of 
Subparagraph (b)(1) of 
this Rule, except in 
Yancey County. 

(D) September N o v e mb e r Q 
Monday on or nearest 
September 10 to the 
third Saturday before 
Thanksgiving in the 
counties and parts of 
counties having the open 
seasons for male deer 
specified by Part D of 
Subparagraph (b)(1) of 
this Rule, and on 
Sandhills Game Land. 
(2) Yancey County 

(A) Sep t ember Oc t ob e r 4 
Monday on or nearest 



September 



10 



to the 



fourth 



Saturday 



thereafter for antlered 



deer only. 

(B) O cto b er +{ 

Monday on 



Nov e mber S2 
or nearest 



October 



15 



to 



the 



Saturday 



before 



Thanksgiving for deer of 
either sex. 
(3) Restrictions 

(A) Dogs may not be used 
for hunting deer during 
the bow and arrow 
season . 

(B) It is unlawful to 
carry any type of 
firearm while hunting 
with a bow during the 
bow and arrow deer 
hunting season. 

(C) Only bows and arrows 
of the types authorized 
in 15 NCAC 1 0B .0116 for 
taking deer may be used 
during the bow and arrow 
deer hunting season. 

(d) Open Seasons (Muzzle- 
Loading Rifles and Shotguns) 
(1) Authorization. Subject 
to the restrictions set 
out in Subparagraph (2) of 
this Paragraph, deer may 
be taken only with 
muzzle-loading firearms 
during the following 
seasons : 

(A) Oc t ober 6 — H- Monday on 
or nearest October 8 to 
the following Saturday 
in the counties and 
parts of counties having 
the open seasons for 
male deer specified by 
Items (A) and (C) of 
Subparagraph (b) (1) of 



this Rule, except on 
Sandhills Game Land. 

(B) Novemb e r 17 22 Monday 
to Saturday of the week 
preceding Thanksgiving 
week in the counties and 
parts of counties having 
the open seasons for 
male deer specified by 
Item (B) of Subparagraph 
(b)(1) of this Rule. 

(C) N ovem b er 10 15 Monday 
to Saturday of the 

second v;eek before 

Thanksgiving week in the 
counties and parts of 
counties having the open 
season for male deer 
specified by Part D of 
Subparagraph (b)(1) of 
this Rule, and on the 
Sandhills Game Land. 

(2) Restrictions 

(A) Only male deer with 
visible antlers may be 
taken during the muzzle 
loading- firearms 
seasons . 

(B) Dogs may not be used 
for hunting deer during 
the muzzle-loading 
firearms seasons . 

(C) Pistols may not be 
carried while hunting 
deer during the 
muzzle-loading firearms 
seasons . 

(e) Bag Limits 

(1) Male Deer With Visible 

Antlers Daily, two; 

possession, two; season, 
four ■ 

■(-ft-)- Daily, o n e ; 

poss e ssion , t v> o ; s e as o n, 
t wo, including de er 
kill e d e l&ev?here , -in and 
we^rt vf t^Te coun t ies o-f 
Madison, Bunc o mb e «tnd 
Rullierford . 

■fB-)- Daily, t w o ; 

p o s s e ssion, t w o ; season, 
four , including d e er 
kill e d e lsewh e re , -in artti 
e as t trf tlie coun t i e s trf 
Yanc e y, McDowell, Burke 
and Clev e land . 

(2) Antlerless Deer. IVhere 
antlerless deer may be 
lawfully taken, a maximum 
of two antlerless deer may 
be substituted for an 
equal number of antlered 
deer in the limits 
contained in Subparagraph 
(1) of this Paragraph, and 
one additional antlerless 
dfer is permitted without 
substitution when taken 
during an either-sex 
season in county or part 
of county included in Part 
(A) of Subparagraph (b)(1) 
of this Rule. Antlerless 
deer include males with 



640 



NORTH CAROLINA REGISTER 



knobs or buttons covered 
by skin or velvet as 
distinguished from spikes 
protruding through the 
skin . 
(3) Managed Game Land 

Hunts. Excluded from the 
possession and season 
limits set forth in 
Subparagraphs (1) and (2) 
of this Paragraph are deer 
of either sex taken by 
permittees engaged in 
managed hunts conducted on 
game lands in accordance 
with 15 NCAC 1 OD 
.0003(d)(4) and (5), such 
deer being in addition to 
the specific possession 
and season limits set out 
in this Paragraph. 

.0204 WILD BOAR (BOTH SEXES) 
(a) Open Seasons: Oc t ober 1 3 
November 22 and D e cember 1 5 
Monday on or nearest October 15 



to 



the 



Saturday 



before 



Thanksgiving, and the third 
Monday after Thanksgiving to 
January 1 , e.xcept on bear 
sanctuaries located on the game 
lands in and west of the 
counties of Madison, Buncombe, 
Henderson and Polk, where the 
boar seasons are controlled by 
15 NCAC 10D .0003(d)(3)(B). 

.0205 RACCOON AND OPOSSUM 
(a) Open Seasons 
( 1 ) O c t o bcr r +3 ( a t sunris e ) 
Sunrise Monday on or nearest 
October 15 to January 31 in 
and west of Stokes, Forsyth, 
Davie, Iredell, Mecklenburg 
and Union Counties, except 
as follows: 

(A) There is no open 

season for hunting 
raccoon or opossum in 
the d e scrib e d raccoon 
reloca t ion areas -in the 
following c o unt i e a : 
-frir)- Jaclcs o n ■ Tl - ia t 
par t iTOirth o* SR 1702 
and ftQ 231, east ox SK 
1757, and so u t h trf &R 
1756. 
( ii ) Madiacm . Tlia t 
part nor t h of ttt« 
French B ro ad Riv e r , 
sotrt+t xr£ tJS 25 70 and 
west of SR 1319. 
(iii) Polk. Tha t pmrt 
n o r t hwest of NO +ee 
and wes t of I 20 sou t h 
of Columbus . 
(iv) Rutherford. Tha t 
part east of SR 1000, 
n o r t h of SR 170 9 and 
we«+ of SR 1749. 
that part of Madison 
County lying north of 
the French Broad River, 



south of US 25-70 and 
west of SR 1319. 
(D) Training raccoon and 
opossum dogs at night is 
prohibited from A p ril + 
t lir o ugh Augus t +5 -in 
Caldwell and Ru t li e rford 
Coun t i e s . March 1 
through August 31 in or 
west of Stokes, Forsyth, 
Davie, Iredell, Catawba, 

Lincoln and Gaston 

Counties, except when 
participating in field 
trials sanctioned by the 

Wildlife Resources 

Commission . 
(2) Oc t ob e r 29 (a t suni'is e ) 
F e bruary 26 Sunrise Monday 
on or nearest October 22 to 
the last day of February in 
and east of Rockingham, 
Guilford, Davidson, Rowan, 
Cabarrus, Stanly and Anson 
Counties . 

.0206 SQUIRRELS 
(a) Open Seasons 

(1) Gray and Red Squirrels: 
O cto b er 1 3 Monday on or 

nearest October 1 5 to 

January 31 statewide. 

(2) Fox Squirrels: O c tob e r 
+3— Monday on or nearest 
October 15 to December 31 in 
the counties of Anson, 
Bladen, Brunswick, 
Cumberland, Duplin, Greene, 
Harnett, Hoke, Johnston, 
Moore, New Hanover, Onslow, 
Pender, Pitt, Richmond, 
Sampson, Scotland and Wayne. 

.0207 RABBITS 

(a) Open Season: Nov e mb er 22 
F e bruaiy 29-r Saturday next 
preceding Thanksgiving to the 
last day of February. provided 
thtrt on thtj Pea Island Na t ional 
Wildlife R e fug e manag e d y o u t h 
rabbi t hun t in g -rs auth or i ze d 
■from Oc t ober + to December 1 3 . 

(c) Box-traps. During the 
period from Oc to b e r + to Mar c h 
31 , both da te s included hunting 
season specified in Paragraph 

(a) of this Rule and subject to 
the bag, possession and season 
limits set forth in Paragraph 

(b) of this Rule, rabbits may be 
taken with box-traps. 

.0208 QUAIL 

(a) Open Season: Novemb e r 22 
February 28-r Saturday next 
preceding Thanksgiving to the 
last day of February. 

.0209 WILD TURKEY (BEARDED 
TURKEYS ONLY) 

(a) Open Season: April -H — 
May 9 Second Saturday in April 
to Saturday of the fourth week 
thereafter on bearded turkeys 



NORTH CAROLINA REGISTER 



641 



only, except there is no open 
season in the counties of Anson, 
Brunswick, Chowan, Davidson , 
Davie, Harnett, Hertford, Hoke, 
Hyde, Mitchell, Perquimans, 
Polk, Randolph, Rowan, 
Rutherford — and Scotland vtxxi 
Surr y , and in the following 
portions of counties: 
Bertie: That part north of US 

17 and east of US 13. 
Bladen: That part east of NC 

53 and west of NC 210. 
Brunswick: That part north of 

US 74. 
Cherokee : That part south of SR 

1505 and US 19-129 and north 

of US 64. 
Columbus: That part north of NC 

87. 
Craven: That part west of US 

70, BUS 70 and NC 55 east of 

New Bern. 
Cumberland: That part north and 

west of US 401 . 
ur Aiiain • i naT pai t wcst ot rrt; 

20 , south OT &R 1242, east or 

xjj \ ^7 aiiu nor "11 ox TttJ 1 Mo . 
Harnett: That part south of US 

421 and west of US 401 . 
Haywood: That part south of US 

23 and that part south and 

west of 1-40 ■ 



(a) Open Season: 
S aturday next 



Nov e mb e r 22 
preceding 



Henderson: That part east of 

1-26. 
Jackson: That part south of US 

23 and east of NC 107 and NC 

281 . 
Johnston: That part east of 

1-95. 
Jones : That part west of US 

17. 
Lee: That part south of US 421 

and east of US 1 . 
Montgomery: That part north of 

NC 24-27. 
Moore: That part south of NC 

211 and east of US 1 . 
Pender: That part south of NC 

210. 
Randolph: That part north of US 

64 and west of US 220. 
Richmond: That part east of 

US 220 and north of US 74, and 

that part west of US 109. 
Transylvania: That part north 

of US 64, east of NC 281 and 

west of NC 215. 
Watauga: That part south of US 

421 and east of US 321 . 
Wilkes: That part south of US 

421 and north of NC 268. 

Note: No open season in 
Gates County by local law. 

.0210 RUFFED GROUSE (NATIVE 
PHEASANT ) 

(a) Open Season: Oc to b e r 1 3 
F e bruary &9 Monday on or nearest 
October 15 to last day of 
February . 



Thanksgiving to February 1 on 
male pheasant only. e xc e pt t lia t 
t lie s e ason -is Oc t ob e r -1 — F e bruary 
+ on Pea Island National 
Wildlif e Refug e wh ere birds of 
ei t h e r s e x may b« tak e n . 

.0212 FOXES (GRAY AND RED) 
(a) Seasons 
( 1 ) No closed season on 
taking foxes with dogs; 
(2) January G 27 First 

Saturday to fourth Saturday 



in January 
traps in 
counties : 
Alexander 
Anson 
Avery 
Brunswick 
Camden 
Caswell 
Clay 

Currituck 
Edgecombe 
Graham 
Granville 
(3) No open 
trapping se 
county, 
provided by 



with weapons or 
the following 

Henderson 

Hyde 

Johnston 

Macon 

Moore 

Northampton 

Perquimans 

Sampson 

Stanly 

Stokes 

Tyrrell 

weapons or 

ason in any other 

except where 

local laws. 



,0211 



PHEASANT (NONNATIVE 
VARIETIES) 



.0214 WILDCAT (BOBCAT) 
(a) Open Seasons 
( 1 ) December +5 Third Monday 

after Thanksgiving to 

January 31 in and west of 
Stokes, Forsyth, Davie, 
Iredell, Mecklenburg and 
Union Counties, except there 
is no open season in the 
following parts of counties: 
Cherokee: That part north 
of US 64 and NC 294, east 
of Persimmon Creek and 
Hiwassee Lake, south of 
Hiwassee Lake, and west of 
Nottely River. 
Jackson: That part north of 
SR 1762 and NC 281, east 
of SR 1757 and south of SR 
1756. 
Madison: That part north of 
the French Broad River, 
south of US 25-70, and 
west of SR 1319. 
Polk: That part northwest 
of NC 108 and west of 1-26 
south of Columbus. 
Rutherford: That part east 
of US 221 and north of 
Business US 74. 
(2) D e c e mb er 15 February -IrS 

Third Monday after 

Thanksgiving to the second 
Saturday in February in all 
other counties. 

.0215 CROWS 

(a) Open Seasons: Each 
Thursday, Friday and Saturday 
■fTTtrm Jun e + to Fubruary 26-r b ot h 



642 



NORTH CAROLINA REGISTER 



da te s inclusiv e > of each week 
from July 1 to the last day of 
February and from June 1 to June 
30 and on Labor Day and 
Christmas Day. 

Note: Federal law protects 
crows and limits 
state seasons to a 
maximum of 124 days 
per year . 

SUBCHAPTER IOC - INLAND FISHING 
REGULATIONS 

SECTION .0200 - GENERAL 
REGULATIONS 

.0205 PUBLIC MOUNTAIN 

TROUT WATERS 
(a) Designation of Public 
Mountain Trout Waters. On game 
lands located in western North 
Carolina certain waters are 
classified and designated as 
public mountain trout waters. 
Those not further specifically 
classified as natiye trout 
waters are classified as general 
trout waters. (See 15 NCAC 1 OD 
.0004) Other streams, portions 
of streams and bodies of water 
which are not located on game 
lands are designated within this 
Rule as public mountain trout 
waters and are classified as 
general or natiye trout waters. 
These waters are posted and 
lists thereof are filed with the 
clerks of superior court of the 
counties in which they are 
located . 

(1) General Trout Waters. 

The general public mountain 
trout waters which are not 
located on game lands are 
designated in this 
Subparagraph under the 
counties where located. 
Indentation indicates the 
watercourse named is 
tributary to the next 
preceding watercourse named 
and not so indented. The 
designation applies to the 
entire watercourse or 
impoundment named except as 
otherwise indicated in 
parentheses following the 
name. Other clarifying 
information may also be 
included parenthetically: 
(E) Burke County: 

Catawba River (not trout 
water ) 

South Fork Catawba River 
(not trout water) 

Henry River (lower 

Morqanton watershed 

line dovfnstream to SR 
1919 at Ivy Creek) 
Jacob Fork (Shiny 
Creek to lower South 
Mountain State Park 
boundary) 



Linville River (first 
bridge on SR 1223 
below Lake James 
powerhouse to Muddy 
Creek) 
(U) Swain County: 

Little Tennessee River 
(not trout water) 

Calderwood Lake 
(Cheoah Dam to 
Tennessee State line) 
Tuckaseigee River (not 
trout water) 

Deep Creek (Great 
Smoky Mountains 
National Park 
boundary line to 
Tuckaseigee River) 
Oconaluftee River 
(not trout water) 

E3ra Da m (Lak e ) 
Connelly Creek 
Alarka Creek 
Nantahala River (Macon 
County line to 
existing water level 
of Fontana Lake) 
(W) Watauga County: 

New River, North Fork 
(Ashe County) 

Hoskins Fork 
New River, South Fork 
(not trout water) 
Meat Camp Creek 

Norris Fork Creek 
Howards Creek 

(downstream from lower 
falls) 

Winkler Creek (not 
trout water) 
Flannery Fork 
Middle Fork (Lake 
Chetola Dam to New 
River) 
Yadkin River (not 
trout water) 
Stony Fork 

Elk Creek 

(headwaters to 
gravel pit on SR 
1508, except where 
posted against 
trespass ) 
Watauga River (Avery 
County line to SR 1114 
bridge ) 
Beech Creek 

Buckeye Creek 

Reservoir 

Coffee Lake 

Laurel Creek 

Cove Creek (SR 1233 

bridge at Zionville to 

SR 1233 bridge at 

Amantha) 

Dutch Creek 

Crab Orchard Creek 
Boone Fork 

(headwaters to SR 
1562) 
(Y) Yancey County: 

Nolichucky River (not 
trout water) 



NORTH CAROLINA REGISTER 



643 



Cane River (Pensacola 
bridge to one mile 
upstream from Bowlen's 
Creek) 

Bald Mountain Creek 
(except where posted 
against trespass) 
Bald Creek (not 
trout water) 

Lickskillet Creek 
Elk Wallow 
(Schronce Creek) 
Indian Creek (not 
trout water) 
Price Creek 
(junction of SR 
1120 and SR 1121 
to Indian Creek) 
South Toe River [Clear 
Creek to Blu e Ro c k 
brid ge •fS^* 1152) lower 
boundary line of Yancey 
County recreation park 
except where posted 
against trespass] 



Rock Creek (lower 
two miles) 

Middle Creek (lower 
one mile) 
(2) Native Trout Waters. The 
native trout waters which 
are not located on game 
lands are designated in this 
Subparagraph under the 
counties where located: 
(A) Alleghany County: 
P e ll Branch 
Roaring Fork (Ramey Creek) 

SECTION .0300 - GAME FISH 

.0305 OPEN SEASONS: CREEL AND 
SIZE LIMITS 

(a) Generally. Subject to the 
exceptions listed in Paragraph 
(b) of this Rule, the open 
seasons and creel and size 
limits are as indicated in the 
following table: 



GAME FISHES 



DAILY CREEL 
LIMITS 



MINIMUM 
SIZE LIMITS 



OPEN SEASON 
(EXCPTN. 2) 



Mountain Trout 
(All Species) 



(excptn. 3) 



None 
(excptn. 3) 



6vir 1 F e b. Se ft 
■1 — 2 hr-r b e for e 
Sunris e April 
A Jun e 36 

All year, except 
March 1 to 1/2 
hr . before sunrise 
on first Saturday 
in April 
(excptns. 2 & 
3) 



Muskellunge 
And Tiger Musky 

Chain Pickerel 
(Jack) 

Walleye 



None 
(excptn . 1 ) 



(excptn. 9 
a 10) 



30 in. 



None 



None 
(excptn. 9) 



ALL YEAR 



ALL YEAR 



ALL YEAR 



Black Bass: 
Largemouth 



(excptn. 8 
a 10) 



14 in. 
(excptn . 

sail) 



4, 



ALL YEAR 



Smallmouth 
a Spotted 



(excptn. 8 
a 10) 



12 in. 
(excptn. 4, 

sail) 



ALL YEAR 



White Bass 



Sea Trout (Spot- 
ted or Speckled) 

Striped Bass 
and their 
hybrids (Morone 
Hybrids) 

Kokanee Salmon 



25 
(excptn. 1 ) 

None 



8 aggregate 
(excptns. 1 
6 a 12) 



None 



None 



16 in. 

(excptns . 1 , 
12 a 13) 



None 



ALL YEAR 
ALL YEAR 
ALL YEAR 

ALL YEAR 



644 



NORTH CAROLINA REGISTER 



Panf ishes 

NONGAME FISHES 



None 
(excptn. 5) 

None 



(b) Exceptions 
(8) The maximum combined 

number of black bass of all 
species that may be retained 
is eight fish, no more than 
two of which may be smaller 
than the applicable minimum 
size limit. The minimum 
size limit for all species 
of black bass is 12 inches 
in Currituck Sound and 
tributaries north of Wright 
Memorial Bridge; in North 
River and tributaries in 
Currituck and Camden 
Counties north of a line 
between Camden Point and the 
end of SR 1124; and in and 
west of Madison, Buncombe, 
Henderson and Polk Counties. 

In B_: Everett Jordan 

Reservoir a daily creel 
limit of four fi;;h and a 
minimum size limit of 16 
inches, with no exception, 
apply to larqemouth bass. 
In Falls of Neuse Reservoir, 
east of SR 1004, Lake 
Tillery and Tuckertown Lake 
the daily creel limit for 
black basn is four fish, no 



black bass 



between 



the 



lengths of 12 inches and 16 



inches 



inches 



may 



be 



retained, and the minimum 
size limit for black bass is 
16 inches, except that the 
daily creel m^iy contain two 
black bass of less than 12 

inches in length . In John 

H. Kerr Reservoir and Lake 
Gaston the daily croel of 
five fish shall anply to 
black bass, provided that 
this limit shall become 
effective only when and if 



the 



State 



of 



Virginia 



imposes a like creel limit 
for black bass taken from 
those impoundments. 
(12) There is no daily creel 
limit or minimum size limit 
for Morone hybrids in the 
following waters: 
■irM- W-r Kerr G cott Reservoir 

■in Wilkes County; 
(A) •<*> Salem Lake in 

Forsyth County; 
CB) -ee^ Lake Fisher in 

Cabarrus and Rowan 

Counties ; 

(C) -fB^ Lake Thom-A-Lex in 
Davidson County; 

(D) -fE-> All waters within 
the counties of Alamance, 
Chatham, Durham, Guilford, 



None 



None 



Lee, Orange, 
and Wake . 



ALL YEAR 
(excptn. 5) 

ALL YEAR 
(excptn. 7) 

Rockingham, 



SECTION .0400 - NONGAME FISH 

.0407 PERMITTED SPECIAL 

DEVICES AND OPEN SEASONS 

Except in designated public 
mountain trout waters, and in 
impounded waters located on the 
Sandhills Game Land, there is a 
year-round open season for the 
licensed taking of nongame 
fishes by bow and arrow. 
Seasons and waters in which the 
use of other special devices is 
authorized are indicated by 
counties below: 

(87) Tyrrell: 

(a) July 1 to June 30 with 
traps in Scuppernong River, 
Alligator Creek, and Lak e 
Ph e l ps ?jttti -rts the drainage 
canals of Lake Phelps except 
Bee Tree Canal within 50 
yards of the Lake Phelps 
fish ladder; 

(b) December 1 to June 5 with 
dip and bow nets in all 
inland public waters, 
excluding Lake Phelps, Bee 
Tree Canal within 50 yards 
of the Lake Phelps fish 
ladder, public lakes, ponds 
and other impounded waters; 
and with gill nets in 
Alligator Creek; 

(92) Washington: 

(a) July 1 to June 30 with 
traps in Lak e Ph e lps anti -rts 
the drainage canals of Lake 
Phelps; 

(b) December 1 to June 5 with 
dip and bow nets in all 
inland public waters, 

excluding Lake Phelps, 

public lakes, ponds and 
other impoundments; and with 
gill nets in Conaby Creek; 

SUBCHAPTER 1 OD - GAME LANDS 
REGULATIONS 

.0002 GENERAL REGULATIONS 
REGARDING USE 

(c) Possession of Hunting 
Devices. It is unlawful to 
possess a firearm or bow and 
arrow on a game land at any time 
e.xccpt during the open hunting 
s e as o n seasons or hunting days 
for game birds or game animals 
thereon unless said device is 
cased or not immediately 
available for use, provided that 
such devices may be possessed 
and used by persons 



NORTH CAROLINA REGISTER 



645 



participating in field trials on 
field trial areas and on target 
shooting areas designated by the 
landowner, and possessed in 
designated camping areas for 
defense of persons and property; 
and provided further that .22 
caliber pistols with barrels not 
greater than seven and one-half 
inches in length and shooting 
only short, long or long rifle 
ammunition may bo carried as 
side arms on game lands at any 
time other than by hunters 
during the special bow and arrow 
and muzzle-loading firearms deer 
hunting seasons and by 
individuals training dogs during 
closed season without field 
trial authorization. This Rule 
shall not prevent possessing or 
use of a bow and arrow as a 
licensed special fishing device 
in those waters where such use 
is authorized. During the 
closed firearms seasons on big 
game (deer, bear, boar, wild 
turkey), no person shall possess 
a shotgun shell containing 
larger than No. 4 shot or any 
rifle larger than a .22 caliber 
rimfire v;hile on a game land, 
except that shotgun shells 
containing No . 2 shot may be 
used on Croatan, Goose Creek and 
Gull Rock Game Lands. 

(e) Field Trials and 
Training Dogs. A person serving 
as judge of a field trail which, 
pursuant to a written request 
from the sponsoring 
organization, has been 
officially authorized in writing 
and scheduled for occurrence on 
a game land by an authorized 
representative of the Wildlife 
Resources Commission, and any 
nonresident participating 
therein may do so without 
procuring a game lands license, 
provided such nonresident has in 
his possession a valid hunting 
license issued by the state of 
his residence. Any individual 
or organization sponsoring a 
field trial on the Sandhills 
Field Trial grounds or the 
Laurinburg Fox Trail facility 
shall file with the commission's 
agent an application to use the 
area and facility accompanied by 
a check for the facility use foe 
computed at the rate of fifty 
dollars ($50.00) for each 
scheduled day of the trail. The 
total facility use fee will 
cover the period from 12:00 noon 
of the day preceding the first 
scheduled day of the trial to 
10:00 a.m. of the day following 
the last scheduled day of the 
trail. The facility use fee 
must be paid for all 
intermediate days on whicn for 



any reason trials are not run 
but the building or facilitites 
are used or occupied. A fee of 
twenty-five dollars ($25.00) per 
day shall be charged to 
sporting, educational, or 
scouting groups for scheduled 
events utilizing the club house 
only. No person or group of 
persons or any other entity 
shall enter or use in any manner 
any of the physical facilities 
located on the Laurinburg Fox 
Trial or the Sandhills Field 
Trial grounds without first 
having obtained specific written 
approval of such entry or use 
from an authorized agent of the 
Wildlife Resources Commission, 
and no such entry or use of any 
such facility shall exceed the 
scope of or continue beyond the 
specific approval so obtained. 
The Sandhills Field Trial 
facilities shall be used only 
for field trials scheduled with 
the approval of the Wildlife 
Resources Commission. No more 
than 16 days of field trials may 
be scheduled for occurrence on 
the Sandhills facilities during 
any calendar month, and no more 
than four days may be scheduled 
during any calendar week, 
provided that a field trial 
requiring more than four days 
may be scheduled during one week 
upon reduction of the ma.ximum 
number of days allowable during 
some other week so that the 
monthly maximum of 16 days is 
not exceeded. Before October 1 
of each year, the North Carolina 
Field Trial Association or other 
Field Trial Association or other 
organization desiring use of the 
Sandhills facilities between 
October 22 and November 18 and 
between December 3 and March 31 
must submit its proposed 
schedule of such use to the 
Wildlife Resources Commission 
for its consideration and 
approval . The use of the 
Sandhills Field Trial facilities 
at any time by individuals for 
training dogs is prohibited; 
elsewhere on the Sandhills Game 
Lands dogs may be trained only 
on Mondays, Wednesdays and 
Saturdays from October 1 through 
April 1 . 

Dogs may not be trained 
or permitted to run unleashed 
between April + jnrd Augus t +5 
March 1 and August 31 on any 
game land located west of 1-95, 
e.xcept when participating in 
field trials sanctioned bv the 
Wildlife Resources Commission. 

.0003 HUNTING ON GAME LANDS 
(c) Time and Manner of 



646 



NORTH CAROLINA REGISTER 



Taking. Except where closed to 
hunting or limited to specific 
dates by these regulations, 
hunting on game lands is 
permitted during the open season 
for the game or furbearing 
species being hunted. On 
managed waterfowl impoundments, 
hunters shall not enter the 
posted impoundment areas earlier 
than 4:00 a.m. on the permitted 
hunting dates, and hunting is 
prohibited after 1:00 p.m. on 
such hunting dates. On Butner, 
Falls of Neuse, New Hope and 



Sheron 



Harris 



Game 



Lands 



waterfowl hunting is limited to 

the period from one-half hour 

before sunrise to 1=00 p.m. on 

the open hunting days. No 

person shall operate any vessel 

or vehicle pov;ered by an 

internal combustion engine on a 

managed waterfowl impoundment . 

No person shall attempt to 

obscure the sex or age of any 

bird or animal taken by severing 

the head or any other part 

thereof, or possess any bird or 

animal which has been so 

mutilated. No person shall 

place, or cause to be placed on 

any game land, salt, grain, 

fruit or other foods without 

prior written authorization of 

the commission or its agent and 

no person shall take or attempt 

to take any game birds or game 

animals attracted to such foods. 

No person shall use an 

electronic calling device for 

the purpose of attracting wild 

birds or wild animals. No live 

wild animals or wild birds shall 

be removed from any game land. 

(d) Hunting Dates 

(2) Any game may be taken 

during the open seasons on 

the following game lands and 

hunting is limited to 

Mondays, Wednesdays, 

Saturdays and Thanksgiving, 

Christmas and New Years 

Days. In addition, deer may 

be taken with bow and arrow 

on the opening day of the 

bow and arrow season for 

deer. Raccoon and opossum 

hunting may continue until 

7:00 a.m. on Tuesdays, until 

7:00 a.m. on Thursdays, and 

until midnight on Saturdays. 

Additional restrictions 

apply as indicated in 

parentheses following 

specific designations: 

Ashe County — Carson Woods 
Game Land 

Beaufort and Craven 

Counties — Big Pocosin Game 
Land (Dogs may not be 
trained or used in hunting 
from March 2 to August 31 . 



Trapping is controlled by 
the landowner.) 

Bertie County — Bertie Countv 
Game Lands 

Bladen County — Bladen Lakes 
State Forest Game Lands 
(Handguns may not be 
carried and, except for 
muzzle-loaders, rifles 
larger than .22 caliber 
rimfire may not be used or 
possessed. On the Breece 
Tract and the Singletary 
Tract deer and bear may be 
taken only by still 
hunting. Crc e p t on -the 
Dreec e and Singl et ary 
Trac t s, persons hun t ing 
deer w itii any type ox 
w e a po n dur ing tire regular 
gttn s e ason must firs t 
ob t ain a peii i iit atr a 
dc: « .lijiiaied c h ec k s t a t i o n, 
and r et urn thv pe rmit -to 
the c heck s t a t ion aft e r 
the day' s hun t irs 
c ompl ete d . ) 

Cabarrus County — River View 
Acres Game Land 

Caswell County--Caswell Game 
Land (That part designated 
and posted as a "safety 
zone" is closed to all 
hunting and trapping, and 
entry upon such area for 
any purpose, except by 
authorized personnel in 
the performance of their 
duties, is prohibited. On 
areas posted as 
"restricted zones" hunting 
is limited to bow and 
arrow . ) 

Lenoir County — H.M. Bizzell, 
Sr. Game Land 

Onslow County--White Oak 
River Impoundment Game 
Land (In addition to the 
dates above indicated, 
waterfowl may be taken on 
the opening and closing 
days of the applicable 
waterfowl seasons.) 

Pender County--Holly Shelter 
Game Land (In addition to 
the dates above indicated, 
waterfowl may be taken on 
the opening and closing 
days of the applicable 
waterfowl seasons.) 

Richmond, Scotland and Moore 
Counties — Sandhills Game 
Land [Except when hunting 
raccoon or opossum between 
sunset and sunrise, every 
hunter must first obtain a 
permit at a designated 
check station, and must 
return the permit to the 
check station after the 
day's hunt is completed. 
Hunters will be assigned 



to 



designated 



compartments, and it is 



NORTH CAROLINA REGISTER 



647 



unlawful for any person to 
hunt in any area other 
than within his assigned 
compartment. The operator 
of each vehicle must 



display 



his 



party' s 



compartment designation on 
or within the windshield 
so that it can be read 
from the outside. The 
regular gun season for 
deer consists of the open 
hunting dates from 
N o v em b e r 4-7 "to Dec e mber 
+3-r the second Monday 
before Thanksgiving to the 

third Saturday after 

Thanksgiving except on the 
field trial grounds ttmi 
tl ' i e adjoinin g area ort "Hre 
nor t h b o unded on "Hre ^as-t 
by SR 1003, on the mrrt+t 
by Nak e d Ci 'ee k and on -Hre 
w e s t by A G Lane where the 
gun season is N o v em ber 
1 7 2 9 from the second 
Monday before Thanksgiving 
to the Saturday following 
Thanksgiving Deer may be 
taken with bow and arrow 
on all open hunting dates 
during the bow and arrow 
season (G e p tc mber 

N o v e mb e r fr+r as well as 
during the regular gun 
season. Deer may be taken 
with muzzle-loading 
firearms on N o v e mb e r 1 , 
+2 and +5 Monday, 
Wednesday and Saturday of 
the second week before 
Thanksgiving week, and 
during the regular gun 
season. Except for the 
deer seasons above 
indicated and the managed 
either-sex permit hunts, 
the field trial grounds 
and 'Hre adjoinin g ar e a on 
■the nor til bound e d on "the 
east by Srt 1003, on the 
nor t h by Nak e d Creek and 
on "Hte vj e s t by ft— 6 Lan e 
are closed to all hunting 
during the period October 
22 to March 31 . In 
addition to the regular 
hunting days, waterfowl 
may be taken on the 
opening and closing days 
of the applicable 
waterfowl seasons.] 

Robeson County — Keith Farm 
Game Land (No deer may be 
taken . ) 

Stokes County--Sauratown 
Plantation Game Land 

Yadkin County — Huntsville 
Community Farms Game Land 
(3) Any game may be taken 

on the following game lands 

during the open season, 

except that : 



(A) Bears may not be 
taken on lands designated 
and posted as bear 
sanctuaries ; 

(B) Wild boar may not be 
taken with the use of dogs 
on such bear sanctuaries, 
and wild boar may be 
hunted only during the bow 
and arrow seasons and the 
regular gun season on male 
deer on bear sanctuaries 
located in and west of the 
counties of Madison, 
Buncombe, Henderson and 
Polk; 

(C) On game lands located 
in or west of the Counties 
of Rockingham, Guilford, 
Randolph- Montgomery and 
Anson, dogs may not be 
used for any hunting (day 
or night) during the 
regular season for hunting 
deer with guns; except 
that small game may be 
hunted with dogs in season 
on all game lands, other 
than bear sanctuaries, in 
the counties of Cherokee, 
Clay, Jackson, Macon, 
Madison, Polk and Swain; 

(D) On Croatan, Goose 
Creek, New Hope and 
Shearon Harris Game Lands 
waterfowl may be taken 
only on Mondays, 
Wednesdays, Saturdays; on 
Thanksgiving, Christmas 
and New Years Days; and on 
the opening and closing 
days of the applicable 
waterfowl seasons; except 
that outside the posted 
waterfowl impoundments on 
Goose Creek Game Land 
hunting any waterfowl in 
season is permitted any 
week day dur xng tlie last 
+& days trf t+re regular 
du c k seas o n as e s t ablished 
by t h e U.S. Fish and 
Wildlife Service ; from 
Mondays through Saturdays; 

(E) On the posted waterfowl 
impoundments of Gull rock 
Game Land hunting of any 
species of wildlife is 
limited to Mondays, 
Wednesdays, Saturdays; 
Thanksgiving, Christmas 
and New Years Days, and 
the opening and closing 
days of the applicable 
waterfowl seasons; 

(F) On bear sanctuaries in 
and v;est of Madison, 
Buncombe, Henderson and 
Polk countires dogs may 
not be trained or allowed 
to run unleashed between 
March 1 and October 1 1 ; 

(G) Additional restrictions 



648 



NORTH CAROLINA REGISTER 



apply as indicated in 
parentheses following 
specific designations and 

(H) On Butner, Falls of 
Neuse and Person Game 
Lands waterfowl may be 
taken only on Tuesdays, 
Thursdays and Saturdays, 
Christmas and New Years 
Days, and on the opening 
and closing days of the 
applicable waterfowl 
seasons . 

Alexander and Caldwell 

Counties — Brushy Mountains 
Game Lands 

Anson County--Anson 
Game Land 

Ashe County — Bluff 
Mountain Game Lands 

Ashe County--Cherokee 
Game Lands 

Ashe and Watauga Counties 
--Elk Knob Game Land 

Avery, Buncombe, Burke, 

Caldwell, Haywood, 

Henderson, Jackson, 
Madison, McDowell, 

Mitchell, Transylvania, 
Watauga and Yancey 
Counties — Pisgah Game 
Lands (Harmon Den and 
Sherwood Bear Sanctuaries 
in Haywood County are 
closed to hunting raccoon, 
opossum and wildcat. 
Training raccoon and 
opossum dogs is prohibited 
from March 1 to October 1 1 
in that part of Madison 
County north of the French 
Broad River, south of US 
25-70 and west of SR 
1319. ) 

Beaufort. Bertie and 
Washington 

Counties--Bachelor Bay 
Game Lands 

Beaufort and Pamlico 

Counties--Goose Creek Game 
Land 

B e r t ie County — 

Bertie Coun t y Gjnit« Land 

Brunswick County 

— Green Swamp Game Land 

Burke County — 

South Mountains Game Land 

Burke, McDowell and 
Rutherford 

Counties — Dysartsville 
Game Lands 

Caldwell County — 
Yadkin Game Land 

Carteret County-- 

Lukens Island Game Land 

Carteret, Craven and 

Jones Counties--Croatan 
Game Lands 

Chatham County — 
Chatham Game Land 

Chatham and Wake 

Counties — New Hope Game 
Lands 

Chatham and Wake 



Counties — Shearon Harris 
Game Land 

Cherokee, Clay, Graham, 

Jackson, Macon, Swain and 
Transylvania 

Count ies--Nantahala Game 
Lands (Raccoon and opossum 
may be hunted only from 
sunset Friday until 
sunrise on Saturday and 
from sunset until 12:00 
midnight on Saturday on 
Fires Creek Bear Sanctuary 
in Clay County and in that 
part of Cherokee County 
north of US 64 and NC 294, 
east of Persimmon Creek 
and Hiwassee Lake and west 
of Nottely River; in the 
same part of Cherokee 
County dog training is 
prohibited from March 1 to 
October 11. It is 
unlawful to train dogs or 
allow dogs to run 
unleashed on Fires Creek 
Bear Sanctuary at any 
time, except that dogs may 
be used when hunting 
raccoon or opossum and for 
hunting grouse and rabbits 
during the open seasons. 
It is unlawful to train 
dogs or allow dogs to run 
unleashed on any game land 
in Graham County between 
March 1 and October 11.) 

Cleveland County-- 

Gardner-Webb Game Land 

Craven County — 

Tuscarora Game Land 

Currituck County — 

North River Game Land 

Currituck County-- 

Northwest River Marsh Game 
Land 

Dare County--Dare Game 

Land (No hunting on posted 
parts of bombing range.) 

Davidson, Davie and 

Rowan Count ies--Alcoa Game 
Land 

Davidson County — 
Linwood Game Land 

Davidson, Montgomery, 

Randolph and Stanly 
Counties--Uwharrie Game 
Land 

Duplin and Pender 

Counties — Angola Bay Game 
Land 

Durham and Granville 

Counties--Butner Game Land 
(On that portion posted as 
the National Guard Rifle 
Range hunting and trapping 
is prohibited except 
during the following 
periods I S e pt e mb e r 6 — 1-5-r 
Nov e mber +-5 — 22 , and 
Dcc en ih e r 6— the first week 
of the bow and arrow 
season for deer, the last 
day of the muzzle-loading 



NORTH CAROLINA REGISTER 



649 



season and the first week 
of the regular gun season 
for deer, and the second 
Monday after Thanksgiving 
to January 1 . On portions 
of the Butner Game Land 
designated and posted as 
"safety zones" and on that 
part marked as the Penny 
Bend Rabbit Research Area 
no hunting is permitted. 
On portions posted as 
"restricted zones" hunting 
is limited to bow and 
arrow during the bow and 
arrow season and the 
regular gun season for 
deer . ) 

Durham, Granville and Wake 
Counties--Falls of Neuse 
Game Lands 

Franklin County — Franklin 
Game land 

Gates County--Chowan 
Swamp Game Land 

Granville County--Granville 
Game Lands 

Halifax County — Halifax 
Game Land 

Harnett County--Harnett 
Game Land 

Henderson, Polk and 

Rutherford Counties — Green 
River Game Lands 

Hyde County--Gull 
Rock Game Land 

Hyde County--Pungo 
River Game Land 

Hyde and Tyrrell Counties 
--New Lake Game Land 

Johnston County- 
Johnston Game Land 

Jones and Onslow Counties 



— Hofmann Forest Game Land 
Lee County--Lee 

Game Land 
McDowell County--Hickory 

Nut Mountain Game Land 
Moore County--Moore 

Game Land 
New Hanover County — 

Ca t fish Sutton Lake Game 

Land 
Northampton County — 

Northampton Game Land 
Orange County--Orange 

Game Land 
Person County--Person 

Game Land 
Richmond County — 

Richmond Game Land 
Transylvania County — 

Toxaway Game Land 
Tyrrell county-- 

Alligator Creek Game Land 
Vance County — 

Vance Game Land 
Wake County-- 

Wake Game Land 
Warren County- 
Warren Game Lands 
Washington County — 

Scuppernong Game Land 
Wilkes County-- 

Thurmond Chatham Game land 
(4) Deer of either sex may 
be taken on the hunt dates 
indicated by holders of 
permits to participate in 
managed hunts scheduled and 
conducted in accordance with 
this Subparagraph on the 
game lands or portions of 
game lands included in the 
following tabl e schedule ; 



HWfF NUMBER 
+ 
2 
3 

4 
5 

6 

B 

9 

^^ 

4+ 

+5 



GAME fcANB 
Pisgah in M c Dow e ll C t y 
Fisgah -in Durke G±y 
Pisgali im Avery Cty 
Fisgah in C; : .ld - ,7 e ll e-ty 
Pi s gah in Yancey C t y nor t h 

of^ US 19 19C 
Thurmond Clia t ha m 
Thurmond Chatham 
South Mountains 
Cars o n Wo o ds 
Sandhills eas t rrf 

es + 

Gai ' idliills w e s t rrf 

B3 + 
Uwharr ie fi Alcoa sou t h e as t 

of Ne 49 
Croa t an 
Holl y Sh e l ter 
Di g P o cosin 



HWff BATE 
12/20 
12/20 
12/20 



+2r 



12/20 
12/13 
12/20 
12/20 
12/13 

12/10 19 

12/10 19 

12/3 4 
12/3 4 
12/4 5 
12/4 5 



Wednesday and Thursday of the first week after Thanksgiving Week: 

Croatan 

Uwharrie & Alcoa southeast of NC 49 
Thursday and Friday of the first week after Thanksgiving Week. 

Big Pocosin 

Holly Shelter 
Third Saturday after Thanksgiving Day; 

C arson Woods 

Thurmond Chatham 



650 



NORTH CAROLINA RjziGISTER 



Thursday and Friday of the third week after Thanksgiving Week; 

Sandhills east of US 1 

Sandhills west of US 1 
Fourth Saturday after Thanksgiving Day; 

Green River 

Pisgah in Avery County 

Pisqah in Burke Covintv 

Pisgah in Caldvfell County 

Pisqah in McDowell County 

Pisqah in Yancey County north of US 19-19E 

South Mountains 

Thurmond Chatham 



Application forms for 
permits to participate in 
managed deer hunts on game 
lands, together with 
pertinent information and 
instructions, may be 
obtained from hunting and 
fishing license agents and 
from the Wildlife Resources 
Commission. Completed 
applications must be 
received by the commission 
not later than the first day 
of October next preceding 
the dates of hunt . Permits 
are issued by random 
computer selection, are 
mailed to the permittees 30 
days prior to the hunt, and 
are nontransferable. Each 
permit is accompanied by an 
appropriate big game tag. A 
hunter making a kill must 
tag the deer and report the 
kill to a wildlife 
cooperator agent . 
(5) Except as otherwise 

indicated, the following 
game lands or indicated 
portions thereof are closed 
to all hunting: 

Caswell County — 

Caswell Game Land (That 
portion designated and 
posted as a "Safety Zone") 

Dare county--Dare 

Game Lands (Those parts of 



bombing range 
against hunting) 
Gaston, Lincoln and 
Mecklenburg 
Counties--Cowan' s 
Waterfowl Refuge 
for youth either-sex deer 
hunts by permit only on 
Oc t ob e r 4 artii ++ the first 
and second Saturdays in 



posted 



Ford 
(except 



October ) 
SUBCHAPTER 10H 



SECTION .0900 



REGULATED 
ACTIVITIES 

- GAME BIRD 
PROPAGATORS 



.0901 GAME BIRD 

PROPAGATION LICENSE 

(b) Limitations. The 
license authorizes the purchase, 
possession, propagation, sale 



and transportation of propagated 
upland game birds and migratory 
game birds, and their eggs in 
accordance with the other rules 
of this Section, subject to the 
following limitations and 
conditions : 

( 1 ) No wild turkey may 

be propagated or sold for 
the purpose of restocking, 
and it is unlawful to 
release any wild turkey to 
the wild for any purpose or 
to allow any wild turkey to 
range free; 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Wildlife Resources 
Commission intends to amend 
regulations cited as 15 NCAC 1 0H 
.0101; .0109 and .0907. 

The proposed effective date of 
this action is June 1, 1987. 

Statutory Authority: G.S. 
113-134; 113-273; 113-291.1. 

The public hearing will be 
conducted at 10:00 a.m. on 
January 20, 1987 at Room 386, 
Archdale Bldg., 512 N. Salisbury 
Street, Raleigh, NC . 

Comment Procedures: Interested 
persons may express their views 
either orally or in writing at 
the hearing. In addition, the 
record of the hearing will be 
open for receipt of written 
comments from January 21, 1987, 
to 5:00 p.m. on February 20, 
1987. Such written comments 
must be delivered or mailed to 
the Wildlife Resources 
Commission, 512 N. Salisbury 
St., Raleigh, NC 27611. 



SUBCHAPTER 1 OH 



REGULATED 
ACTIVITIES 



SECTION 



.0100 - CONTROLLED 
SHOOTING PRESERVES 



.0101 LICENSE TO OPERATE 

It is unlawful for any 
individual, firm, association or 
corporation to operate a 
controlled shooting preserve 
without first obtaining from the 



NORTH CAROLINA REGISTER 



651 



North Carolina Wildlife 
Resources Commission a license 
for this purpose. "Controlled 
shooting preserve" means an 
area on which only 
domestically-raised game birds 
are taken. A controlled 
shooting preserve license shall 
entitle the holder or holders 
thereof, and their guests, to 
kill or take, during an extended 
season, starting October 1 and 
ending March 31, on such 
preserves by shooting only, and 
without regard to sex or bag 
limits, domestically-raised 
pheasants, chukar partridges, 
Hungarian partridges, domestic 
ducks (as defined by the United 
States Bureau of Sport Fisheries 
and Wildlife), or other game 
birds, except wild turkey. 
Application for controlled 
shooting preserve licenses shall 
be made on standard forms 
obtainable from the commission. 
Applicants must be prepared to 
show satisfactory proof of 
ownership of the land contained 
in the proposed shooting 
preserve or that they have this 
land under proper lease for the 
duration of the license period. 
Upon receipt of an application 
accompained by a fee of fifty 
dollars ($50.00), the commission 
shall issue a license, provided 
it is determined that the 
location and operation of such a 
shooting preserve is consistent 
with the wildlife conservation 
program and in the public 
interest; and further provided, 
that all regulations herein 
regarding establishment of such 
areas have been complied with. 
AH su c h 1 ic e ns e s sltall ex pir e 
OTt the 3 1 st day ex Mat'cn each 
year , r e gardl e ss of da te issu e d . 
Controlled shooting preserve 
licenses shall not be 
transferable, either as to 
operator or as to site of 
operation . 

.0109 QUAIL CALL-PEN TRAPS 
■(-e-)- S p ecifications 

( 1 ) Cnolumi e . Th e c all pe n 
cag e sl ' iall irs erf wood «rrrd 
wir e c onstruc t ion wi t h atr 
leas t +6 s quar e fe et of 
surfac e ar e a . At l e ast 
OTte — fc l ' iird of t h e cage area 
sliall c onsi st of -a wooden 
box o ff e rin g shad e arrd 
r e fu ge for tire c a ge d bi r ds . 

(2 ) Cxclosure . The c all — pert 
e n c losure sTiall be 
aurround e d by a dog proof 
fenc e , jrt l e as t fiv e f ee t 
higli , co iitali i in g a surfac e 
ar e a of air l e as t 64 squar e 
f eet . Th e fence m us t tre 
s e cur e ly at t ached to corn e r 



po s t s of "two — inclt p i pe or 

sturdy t imb er s . 
■ff^ Insp e c t ion and 

stration. After 

truction and prior to use, 
call-pen trap shall be 
inspected by a r e pres e ntative of 
■Hto Wildlif e Rcsouicus 
Commission arttl provided with a 
registration card which must be 
securely attached and visibly 
displayed on the trap. 

SECTION .0900 - GAME BIRD 

PROPAGATORS 

.0907 QUAIL CALL-PEN TRAPS 

Any licensed game bird 
propagator who raises quail and 
who wishes to release live 
pen-raised quail on his premises 
for dog training purposes may 
apply to the Wildlife Resources 
Commission for a permit to use 
one quail call-pen trap for the 
purpose of recovering such 
quail. Such call — pert t rap sliall 
ire construct e d ac c ording to trhe 
specifica t ions and inspect e d and 
re gis te r ee d -in accordance wi t h 
tire provisions of +5 NCAO 4-eH 
■0109 p er t ainin g to lic e nsed 
con t rolled shooting pr e s e rve 
opera t ors, arrd no sucli t rap 
s liall ire loca te d within -1-&^ 
yards of any ou t side boundary of 
■Hre licensed premises . The 
application for permit shall be 
on a form provided by the 

commission and shall be 

accompanied by two copies of a 

reasonably accurate map 

delineating the boundaries of 
the promises and indicating the 
p roposed location of each trap- 
No such trap shall be located 
within 100 ynrds of any outside 
boundary of the premises. The 
nu mber of traps shall be limited 
according to the size of the 
tract of land constituting the 

described premises: one trap 

for a tract containing less than 
300 acres, two traps for a tract 
containing 300 acres or more but 
less than 600 acres, and three 
traps for a tract containing 600 
acres or more. After placement 
of any trap and prior to use> 
the same shall be inspected by a 
representative of the Wildlife 

Resources Commission and 

provided with a registration 
card which must be securely 
attached and visibly displayed 
on the trap . During the season 
of permitted use of the traps 
all guail released for dog 
training mug:t be banded and no 
unhanded qu a il caught in any 
such trap shall bo retained. 
During such season no artificial 
means of feeding shall be 
practiced on the described 



652 



NORTH CAROLINA REGISTER 



premises outside of any trap. 
No such trap shall be utilized 
after March 31 or prior to 
October 1 of any license year. 
Any such permit shall expire 
coincidentally with the license 
of the game bird propagator. 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Wildlife Resources 
Commission intends to amend 
regulations cited as 15 NCAC 10F 
.0310(a)(1) and (4); .0314(a) 
and adopt regulation cited as 15 
NCAC 10F .0352. 

The proposed effective date of 
this action is June 1, 1987. 

Statutory Authority: G.S. 75A-3; 
75A-15. 

The public hearing will be 
conducted at 9:00 a.m. on 
January 19, 1987 at Room 386, 
Archdale Building, 512 N. 
Salisbury Street, Raleigh, NC . 

Comment Procedures: Interested 
persons may present their views 
either orally or in writing at 
the hearing. In addition, the 
record of the hearing will be 
open for receipt of written 
comments from January 20, 1987, 
to 5:00 p.m. on February 20, 
1987. Such v;ritten comments 
must be delivered or mailed to 
the VJildlife Resources 
Commission, 512 N. Salisbury 
Street, Raleigh, NC 27611. 

SUBCHAPTER 10F - MOTORBOATS 
AND WATER SAFETY 

SECTION .0300 - LOCAL WATER 
SAFETY REGULATIONS 



shall operate any motorboat or 
vessel at greater than no-wake 
speed within any of the 
regulated areas described in 
Paragraph (a) of this Rule. 

.0314 NEW HANOVER COUNTY 

(a) Regulated Areas. This 
Rule applies to the following 
waters in New Hanover County: 

(6) The unnamed channel lying 
between the shore west of 
Bahama Drive in the Town of 
Wrightsville Beach and an 
unnamed island located 
approximately 500 feet 
northeast of the US 74 
bridge over Banks Channel . 

(b) Speed Limit. No person 
shall operate a vessel at 
greater than no-wake speed 
within any of the regulated 
areas described in Paragraph (a) 
of this Rule. 



.0352 CAMDEN COUNTY 
(a) Regulated Area. 



This Rule 



applies to Edgewater Canal 
running parallel v;ith and along 
the south shore of Camden Point 
in Camden Countv and the 
connecting channels to Albemarle 
Sound , 
(b) 



Speed Limit 



shall operate 



No person 
a vessel at 



gre ater than no-wake speed 



within 



the regulated area 



described in Paragraph (a) of 
this Rule. 

(c) Placement and 
Maintenance of Markers. 



The 



Board of Commissioners of Camden 
countv is designated a suitable 

agency for placement and 

maintenance of the markers 
implementing this Rule. 



TITLE 21 



LICENSING BOARDS 



.0310 DARE COUNTY 
(a) Regulated Areas. This 
Rule applies to the following 
waters and portions of waters: 
(1) Manteo. That portion of 
Doughs Creek from its mouth 
at Shallowbag Bay to and 
including the Inner Harbor, 
and the canal lying north 
and east of the Elizabeth II 
State Historical Site and 
connecting Doughs Creek with 
Shallowbag Bay; 
(4) Nags Head. 

(A) Tliose waters contained 
within the canals of Old 
Nags Head Cove Development 
•in the T o wn trf Nargs H e ad ■ 

(B) The Roanoke Sound 
inlets at Pond Island on 



either 



side 



of Marina 



(b) 



Drive extending north form 

US 64-264; 

Speed Limit. No person 



Notice is hereby given in 
accordance with G.S. 150B-12 
that the Certification Board for 
Social Work intends to adopt 
regulations cited as 21 NCAC 63 
.0100 through .0600. 

The proposed effective date of 
this action is May 1, 1987. 



Statutory 
90B-6(h). 



Authority : 



G.S. 



The public hearing will be 
conducted at 10:00 a.m. on 
February 17, 1987 at Davidson 
County Human Resource Center, 
915 Greensboro Street (Off North 
Main St., Business 1-85), 
Lexington, N.C. 27292. 

Comment Procedures: Written 
comments should be sent to 
Wilburn Hayden, Chairperson, 
N.C. Certification Board for 



NORTH CAROLINA REGISTER 



653 



Social Work, P.O. Box 1923, 
Cullowhee, N.C. 28732-1923 by 
February 1, 1987. 



CHAPTER 63 



SECTION .0100 



SOCIAL WORKER 
CERTIFICATION ACT 

GENERAL 



places of meetings shall be 
furnished to anyone requesting 
the information and made 
available to the press. 



.0101 PURPOSE 

It is the purpose of the Social 
Worker Certification Act to 
protect the public by 
establishing minimum standards 
for qualification, training and 
experience for those who 
voluntarily seek to represent 
themselves to the public as 
certified social workers. This 
act shall protect the public and 
promote high standards in the 
practice of social work. 

.0102 DEFINITIONS 

Whenever used in this chapter, 
the definitions set forth in 
G.S. 90B-3 are herein 
incorporated by reference. 

.0103 PROHIBITIONS 

State public agencies 
including those private agencies 
or corporations that receive 
state funds shall not impose 
certification as a requirement 
for obtaining or continuing 
employment . 

.0104 ORGANIZATION OF 
THE BOARD 

The North Carolina 
Certification Board for Social 
Work is composed by law of seven 
members appointed by the 
governor to staggered terms of 
three years. The composition of 
the board shall include four 
certified social workers (two 
certified social workers and two 
certified clinical social 
workers). Among the social 
workers, one member shall be 
employed in the field of social 
work education, one member from 
the private sector and one 
member from the public sector. 
The three remaining members 
shall be from the general 
public. The board shall elect a 
chairperson, vice chairperson 
and secretary-treasurer from its 
membership to serve for a term 
of at least one year. The board 
shall hold at least 10 meetings 
each year and four members shall 
at all times constitute a 
quorum. Members of the board 
are expected to attend all 
meetings . 

.0105 MEETINGS 

Meetings of the board, formal 
or informal, shall be open to 
the public. Dates, times and 



SECTION .0200 



CERTIFICATION 



.0201 DEFINITIONS 

The following definitions apply 
to the levels of certification 
in this section: 

(1) Related human services 
fields shall include 
psychology, sociology, 
counseling, rehabilitation, 
criminal justice, public 
policy, public 
administration, and human 
resources. The board may, 
within its discretion, 
consider other fields not 
specifically set out above. 

(2) Two years of experience 
shall mean 3,000 clock hours 
of work or employment for a 
fee or salary while engaged 
in the practice of social 
work functions. (1500 hours 
of work for a fee or salary 
per twelve month period.) 
Practicum or internship 
experience taken as part of 
an educational program are 
not included. 

(3) Appropriate supervision 
(clinical) shall mean 
post-master's or 
post-doctoral experience 
directly supervised by a 
qualified social worker, 
psychiatrist, or clinical 
psychologist. The social 
work supervisor should have 
had at least two years of 
social work experience after 
completion of the master's or 
doctorate in social work and 
be eligible for certification 
as a clinical social worker 
under the Act . A minimum of 
100 hours of group or 
individual supervision is 
required. 75 of the 100 
hours must be individual 
supervision. Individuals 
certified through the Academy 
of Certified Social Workers, 
the National Federation of 
Health Care Providers in 
Clincical Social Work, Inc., 
or the Register of Clinical 
Social Workers already meet 
the supervision requirement. 

(4) Clinical setting shall 
mean any school, hospital, 
community mental health 
cente'', university counseling 
center, family or social 
services agency, or 
supervised independent 
practice. Such settings may 
be under public or private 
auspices and provide 
psychotherapeutic or social 



654 



NORTH CAROLINA REGISTER 



intervention for psychosocial 
problems of individuals, 
couples, families or groups. 

(5) Administrative setting 
shall mean any setting where 
the delivery of social work 
services are directed, 
supervised, planned and/or 
coordinated. Activities 
include, but are not 
necessarily limited to, 
policy development and 
implementation, management, 
program evaluation, planning 
and staff development . 

(6) Appropriate supervision 
and training (manager) shall 
mean course work or workshops 
in organizational and 
community services and/or two 
years (3,000 hours) of paid 
employment under supervision 
in an administrative setting. 

.0202 APPLICATION PROCESS 
Applications, inquiries and 
forms are to be obtained from 
and returned to the North 
Carolina Certification Board for 
Social Work. Applicants must 
submit only forms obtained 
directly from the board office . 

.0203 TRANSCRIPTS 

Applicants must have official 
transcripts sent from 
institutions where their highest 
social work degrees have been 
conferred. If transcript course 
titles are ambiguous, or do not 
adequately convey the pertinent 
content of the courses, 
clarifying documents may be 
requested . 

.0204 WORK EXPERIENCE 
The applicant will have a 
minimum of three references. 
Current members of the board, 
relatives of applicants or 
subordinates of applicants may 
not submit references for 
applicants . 

(1) Two of the references must 
come from individuals who 
have been closely associated 
with the applicant in the 
practice of social work. 

(2) One reference must be from 
one who has been or is 
currently a supervisor in a 
social work setting. (If a 
board member is the current 
supervisor or has been the 
only supervisor of an 
applicant, he/she should 
excuse himself/herself from 
review of that particular 
application. ) 

.0205 ACADEMIC 

QUALIFICATIONS 
The academic qualifications 



set forth in G.S. 90B-7 for 
Certified Social Workers, 
Certified Master Social Workers, 
Certified Clinical Social 
Workers and Certified Social 
Work Managers are herein 
incorporated by reference. 

.0206 ACADEMIC EXEMPTIONS 
The applicant may be exempt 
from the academic qualifications 
required under this Chapter if 
he/she was engaged in the 
practice of social work before 
January 1, 1984 in the areas of 
certified social workers and 
certified social work managers. 
This exemption shall apply upon 
passing the board examination 
and satisfying the experience 
requirements for certification 
in the particular 
classification . 

.0207 COMITY 

If a candidate is currently 
certified, registered or 
licensed as a social worker by a 
similar board in another state, 
the North Carolina Board may, at 
its discretion, waive the formal 
examination requirements of a 
candidate, provided that the 
North Carolina Board accepts the 
standards and qualifications 
required for the pratice of 
social work in the candidate's 
licensed or certifying state as 
substantially equivalent to 
those required by the State of 
North Carolina. 



.0208 APPLICATION 
An application fee 
dollars ($50) will 
for processing each 
If an applic 
certification for 
level, within a 12 
of his/her initial 
he/she shall be 
additional fee of 
dollars ($25). 



FEE 

of fifty 

be assessed 
application, 
ant seeks 
a second 
month period 
application, 
assessed an 

twenty-five 



.0209 ELIGIBILITY 

The board shall review each 
application to determine an 
applicant's eligibility for a 
particular level of 
certification. An applicant 
will be notified in writing if 
he/she is ineligible for one 
level of certification. He/she 
may then apply for another level 
of certification. If an 
applicant is found to be 
ineligible for certification, 
he/she may not sit for the 
examination . 

SECTION .0300 - EXAMINATIONS 

.0301 WRITTEN EXAMINATIONS 
The board shall administer to 



NORTH CAROLINA REGISTER 



655 



all approved applicants for 
certification, a written 
evamination at least twice a 
year. The exam shall be given 
in a reasonable, geographic area 
within the state. The national 
examination provided by American 
Association of State Social Work 
Boards shall serve to evaluate 
the qualifications of applicants 
for certification. 

.0302 REPORTING OF SCORES 

Each applicant for 
certification shall be informed 
in writing whether he/she has 
passed the examination. If an 
applicant fails the examination, 
he/she shall receive his/her 
numerical score. If his/her 
failing score is three points 
below the cut score he/she may 
have his/her test hand-scored 
within a ninety-day period by 
completing a form on the back of 
the handbook and by sending a 
ten dollar ($10) rescoring fee. 

.0303 RETAKING OF EXAMINATION 
An applicant who has not passed 
an examination shall be allowed 
to retake such examination upon 
paying the required examination 
fee . 

.0304 CANCELLATION 
An applicant who cancels in 
writing less than 30 days before 
the date of examination shall 
not receive a refund of the 
examination fee. However, 
he/she may apply and sit for 
another examination within 12 
months of the missed examination 
without incurring any additional 
examination fee. 

An applicant who fails to 
cancel in writing less than 30 
days before the examination or 
who fails to appear for an 
examination may apply and sit 
for another examination within 
12 months of the missed 
examination upon payment of 
fifty dollars ($50) examination 
fee. Such fee shall be paid not 
later than 60 days before the 
scheduled examination. 

.0305 REVIEW OF EXAMINATIONS 
BY UNSUCCESSFUL APPLICANTS 
An applicant who has not 
successfully passed the 
certification exam may review 
his/her test booklet together 
with the appropriate answer 
sheet. In order to do so, the 
candidate must 
( 1 ) make a written request for 
review of their examination 
directly to the board. 
(2) The candidate may review 



the exam in the Office of the 
Board and in the presence of 
a board member. 

(3) The candidate may not take 
notes, photocopy or ask 
questions regarding the 
examination . 

(4) The applicant must sign a 
statement of confidentiality 
in order to review the 
examination booklet. 

(5) A candidate's scores will 
not be changed. However, any 
questions will be transmitted 
to the American Association 
of State Social Work Boards 
Examination Committee for 
review. The North Carolina 
Board has the responsibility 
of obtaining a copy of the 
examination together with the 
candidate's answer sheet and 
the scorng key from 
Assessment Systems, Inc. 
(ASI). The board shall 
maintain strict security and 
return all materials to ASI 
after review by the candidate 
of his examination booklet. 

.0306 EXAMINATION FEES 

(a) An examination fee of one 
hundred dollats ($100) will be 
assessed for administration and 
processing of the written 
examination . 

(b) An examination fee of 
fifty dollars ($50) will be 
assessed for the administration 
and processing of a second 
written examination if an 
applicant seeks certificat ion 
at two different levels. An 
unsuccessful applicant shall be 
assessed a fee of seventy five 
($75) in order to retake the 
examination . 

(c) An applicant who fails to 
appear at an examination site 
shall be assessed a fee of fifty 
dollars ($50) in order to take 
the examination. 



SECTION 



.0400 - RENEWAL OF 
CERTIFICATION 



.0401 CONTINUING EDUCATION 
Continuing education for 
certification renewal is 
required to maintain 
professional knowledge and 
technical competency. 

Certification shall be afforded 
on a two year basis. However, 
certification shall expire on 
the second June 30 after 
certification has been issued. 
Renewal of certification shall 
be based on forty hours of 
renewal credits within the two 
year cycle. However, if a 
certification is for less than a 
full two year period, then 
renewal shall be accorded based 



656 



NORTH CAROLINA REGISTER 



on thirty hours of renewal 
credits. One unit of credit is 
equal to one contact hour. One 
academic course semester hour 
credit shall be equivalent to 
fifteen clock hours. Credit for 
auditing an academic course 
shall be for actual clock hours 
attended during which 
instruction was given and shall 
not exceed the academic credit 
allowed. Continuing education 
activities may include: 

(1) Academic social work 
courses taken for credit or 
audit; 

(2) Seminars, institutes, 
workshops, mini courses or 
conferences oriented to the 
enhancement of social work, 
practice, values, skills and 
knowledge ; 

(3) Cross-disciplinary 
offerings from medicine, law 
and the behavioral/social 
sciences or other 
disciplines, if such 
offerings are clearly related 
to the enhancement of social 
work practice, values, skills 
and knowledge; 

(4) Self-directed learning 
projects with prior approval 
by the board. The maximum 
number for projects is twenty 
clock hours. A renewal unit 
shall not be granted for 
identical programs completed 
within the same certification 
renewal period, job 
orientation or on the job 
training . 

.0402 FORMS 

(a) Documentation for the 
completion of continuing 
education credits and biannual 
renewal shall be completed on 
the North Carolina Certification 
for Social Workers biannual 
renewal and continuing education 
reporting form. The form must 
be the original and must be 
completed and signed. 

(b) Each renewal applicant is 
responsible for completing the 
required form. If an 
organization maintains such 
records the applicant must 
assure the form is completed and 
complies with all applicable 
rules and regulations. The form 
must be submitted at the time 
the applicant files for renewal 
of certification. 

SECTION .0500 - ETHICAL 
GUIDELINES 

.0501 INTRODUCTION 

A certified social worker shall 
promote professional policies 
and practices which enhance the 
delivery of social work services 



and work towards the 
establishment of conditions that 
allow social workers to practice 
within a code of ethical 
principles . 

.0502 PRACTICE AND CONDUCT 

(a) The social worker's 
primary responsibility is the 
welfare of the client. 

(b) A social worker shall 

not discriminate on the basis of 
age, sex, race, color, religion, 
national origin, socio-economic 
status or sexual preference. 

(c) the social worker shall 
carry out his/her professional 
practice in a responsible manner 
and hold him/herself responsible 
for the quality of service 
he/she provides. 

(d) The social worker must 
recognize the boundaries of 
his/her competence and the 
limits of his/her methods and 
techniques. The social worker 
does not offer services nor use 
techniques without having 
appropriate professional 
education and training. 

(e) A social worker acts with 
integrity in regard to 
colleagues in social work and in 
other professions. 

(f) A social worker does not 
lend his/her professional 
expertise for unprofessional 
purposes. The social worker 
does not place him/herself under 
obligation to persons, groups, 
or organizations in ways 
uncommensurate with professional 
values . 



SECTION .0600 



DISCIPLINARY 
PROCEDURES 



.0601 GROUNDS FOR DISCIPLINARY 
PROCEDURES 

In addition to the conduct set 
forth in G.S. 90B-n , the board 
may deny, suspend or revoke a 
certification upon the following 
grounds : 

( 1 ) offering a check to the 
board in payment of required 
fees which is returned 
unpaid; 

(2) obtaining or attempting to 
obtain compensation by fraud 
or deceit; 

(3) violation of any order of 
the North Carolina Social 
Work Certification Board; 

(4) failure to possess truth, 
honesty and integrity 
sufficient to be entitled to 
the high regard and 
confidence of the public; 

(5) violation or failure to 
make the requisite 
disclosures required by 21 
NCAC 38 .0305. 



NORTH CAROLINA REGISTER 



657 



.0502 ENFORCEMENT 

All certified social workers 
are under continuing duty to 
report to the board any and all 
criminal arrests, charges or 
convictions. The board may 
also, upon the representation of 
the Attorney General's Office, 
proceed with any civil action in 
the appropriate Superior Court 
to restrain any violations of 
the North Carolina Certification 
Act. 

TITLE 24 - INDEPENDENT AGENCIES 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the N. C. Housing Finance 
Agency intends to amend 
regulations cited as 24 NCAC ID 
.0501; .0502(a); and .0503(c). 

The proposed effective date of 
this action is April 1, 1987. 



Statutory 
1 22A-5 . 7 . 



Authority ; 



G.S. 



The public hearing will be 
conducted at 10:00 a.m. on 
January 14, 1987 at Board Room. 
N.C. Housing Finance Agency, 
3300 Drake Circle, Suite 200, 
Raleigh, North Carolina. 

Comment Procedures: Written 
comments concerning this 
amendment must be submitted by 
January 14, 1987 to the Single 
Family Program Director, N.C. 
Housing Finance Agency, P. 0. 
Box 28066, Raleigh, North 
Carolina 27611. Oral comments 
may be presented at the hearing. 

CHAPTER 1 - N. C. HOUSING 
FINANCE AGENCY 

SUBCHAPTER ID - SINGLE FAMILY 
MORTGAGE PURCHASE PROGRAM 

SECTION .0500 - HOMEOl^mERSHIP 
ASSISTANCE FUND AND PROGRAM 

.0501 CREATION OF THE FUND 
The agency hereby establishes 
the Homeownership Assistance 
Fund, hereinafter referred to as 
the fund, for the purpose of 
assisting persons of lower or 
moderate income who cannot 
o t herwis e qualify fvr the 
ag e ncy' s single family mor tg a g es 
in the purchase of affordable 
housing by reducing the 
effective mon t hly cost of 
homeownership to such persons. 

.0502 ELIGIBILITY 

(a) The Hom e ov^nershi p 
A&iiistance Fund, It e r e inaf te r 
r e fe r r e d to zrs ttr« fund , fund 
will be available to assist 



persons wi t hin th e st ate wi t h 
annual incomes . ss d et ermined by 
t h e agency' s rules governiiig 
de t ermina t ion trf annual income , 
o-f t welve t h o usand fiv e hundred 
dollars (012,500) -to twenty 
t housand dollars (020, 000) and 
vrho otl ' ierwise qualify for first 
mor t ga g e loans under tire 
ag e n c y' s singl e family program 
arrd who trre selec te d ftyr 
par t icipation in the program by 
t h e agency of lower and moderate 
incomes, as defined in rules 
.0102 and .0103 of this 



Subchapter , 



who 



would 



be 



otherwise unable to 



receive 



subsidized 



loans 



from 



the 



agency . 

.0503 FUND OPERATION AND 
ADMINISTRATION 

(c) The agency will select, 
in its discretion, eligibl e 
applicants for first mortgage 
loans under the proc e eds trf the 
agency's single family bond 
issue program for participation 
in the Homeovmership Assistance 
Program trr he funded with the 
proceeds of t he fund . Eligible 
borrowers will , in addition to 
receiving a first mortgage loan 
funded from proceeds of an 
agency bond issue, will receive 
art additional a second loan from 
the agency te he funded wi t h 
from the proceeds of the fund -in 
an amount sufficien t te reduce 
the ntrt m o nthly am o unt to he 
e. -' zp e nd e d hy the borrow e r -for 
h o usin g ( includin g firs t 
moi ' t g ag e principal and in te res t , 
mor tg ag e insurai - tce, homeowner ' s 
insuranc e , vmi taxes ) hy an 
a m oun t nxrt t-o e xceed orte hundred 
dollars (0100 . 00) per month. As 
determined by the agency, this 
additional loan may be used to 
provide additional security for 
eligible loans, to subsidize 

down payments and monthly 

housing payments ( including 

first mortgage principal and 
interest, mortgage insurance, 

homeowner' s insurance and 

taxes), and to provide any other 
type of mortgage assistance the 
agency deems necessary. The 
amount of the loan from the fund 
■frrr the pur p os e of r e ducin g 
mon t hly housing paymen t s of this 

additional loan will be 

determined by the agency, in its 
discretion, considering such 
factors as family size, income, 
and ability of the borrower to 
pay. The agency will, in its 
discretion, either include the 
homeownership assistance loan 
from the fund as part of the 
first mortgage deed of trust 
made by the agency under its 
single family program, or, in 



658 



NORTH CAROLINA REGISTER 



the alternative* include the 
homeownership assistance loan in 
a second mortgage deed of trust . 
The loan from the fund, 
including interest thereon at a 
rate established by the agency, 
shall be due and payable by the 
borrower either upon the resale 
of the home which is the subject 
of the loan or upon the death of 
the borrower and shall be 
recoverable only from the 
appreciation of the market price 
of the financed home during the 
time it is owned by the 
borrower . 

TITLE 25 - OFFICE OF 
STATE PERSONNEL 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Office of State 
Personnel intends to repeal 
regulation cited as 25 NCAC 1H 
.0608 and adopt regulations 
cited as 25 NCAC 1H .0610-. 0615. 

The proposed effective date of 
this action is April 1, 1987. 

Statutory Authority: G.S. 
126-4(4);126-4(10); 126-4(11); 
126-37; 126-38; 128-15; 150 
B-2(2); 150B, Article 3. 

The public hearing will be 
conducted at 9:00 a.m. on 
February 26, 1987 at 101 W. 
Peace Street, Raleigh, North 
Carolina . 

Comment Procedures: Interested 
persons may present statements 
orally or in writing at the 
hearing or in writing prior to 
the hearing by mail addressed 
to: Drake Maynard, Office of 
State Personnel, 116 West Jones 
Street, Raleigh, North Carolina 
27611 . 

SUBCHAPTER 25 H - RECRUITMENT 
AND SELECTION 

SECTION .0600 - GENERAL 
PROVISIONS 



,0608 



EMPLOYMENT PREFERENCE 
FOR VETERANS (REPEALED) 



.0610 POLICY STATEMENT OF 

VETERANS PREFERENCE IN 
EMPLOYMENT AND RETENTION 
It shall be the policy of the 
State of North Carolina that, in 
appreciation for their service 
to this state and this country 
in time of war, and in 
recognition of the time and 
advantage lost toward the 
pursuit of a civilian career, 
veterans shall be granted 
preference in employment with 



every state department, agency 
and university. 

.0611 ELIGIBILITY 

Persons eligible for veteran's 
preference shall have served in 
the Armed Forces of the United 
States on active duty, for 
reasons other than training, 
during periods of war, and shall 
have been discharged under 
honorable conditions. This 
particularly includes disabled 
veterans discharged under 
honorable conditions. Also 
eligible are spouses of disabled 
veterans, and the surviving 
spouse or dependent of a veteran 
who died on active duty during 
periods of war either directly 
or indirectly as a result of 
such service. Any person who is 
retired from any branch of the 
military with a retirement 
pension based solely on years of 
service shall be ineligible for 
preference . 

.0612 PERIODS OF WAR 
Periods of war shall include; 

(1 ) World War I (April 16, 
1917 through November 11, 
1918); 

(2) World War II (December 

7, 1941 through December 31, 
1946); 

(3) The Korean conflict 
(June 27, 1950 through 
January 31 , 1955); 

(4) The hostilities in 

Viet Nam (August 5, 1964 - 
May 7, 1975); 

(5) Any other campaign, 
expedition or engagement for 
which a campaign badge or 
medal is authorized by the 
United States Department of 
Defense . 

.0613 CLAIMING VETERAN'S 
PREFERENCE 

In order to claim veteran's 
preference, all eligible persons 
must complete and sign a State 
Application for Employment 
(PD-107), and submit it to the 
appointing authority upon 
initial application. Appointing 
authorities are responsible for 
reviewing the Military Service 
portion of the PD-107 and 
verifying eligibility. 

Appointing authorities may 
request additional documentation 
as reasonably necessary to 
ascertain eligibility. Also, as 
a prerequisite to further 
consideration, eligible veterans 
must meet the minimum education 
and experience requirements for 
the position applied for, and 
must be capable of performing 
the duties assigned to the 
position . 



NORTH CAROLINA REGISTER 



659 



.0614 APPLICATION OF THE 

VETERAN'S PREFERENCE 

(a) The preference to be 
accorded eligible veterans shall 
apply in intial selection and 
reduction in force situations 
only . 

(b) In initial selection 
procedures* where numerically 
scored examinations are used in 
determining the relative ranking 
of candidates, ten points shall 
be awarded to eligible veterans. 

(c) In initial selectionr 
where structured interview, 
assessment center, in-basket or 
any other procedure, 
non-numerically scored, is used 
to qualitatively assess the 
relative ranking of candidates, 
the qualified veteran shall be 
hired where his/her 
qualifications are substantially 
equal to the one or more 
non-veterans in the applicant 
pool . 

(d) Substantially equal 
qualifications occur when the 
employer cannot make a 
reasonable determination that 
the qualifications held by one 
or more persons arc 
significantly better suited for 
the position than the 
qualifications held by another 
person . 

(e) In reduction in force 



situations where seniority or 
years of service is one of the 
considerations in retention, the 
eligible veteran shall be 
accorded one year of State 
service for each year or 
fraction thereof of military 
service, up to a maximum of five 
years credit. 

.0615 ALLEGATION OF DENIAL OF 
VETERAN'S PREFERENCE 

Any claim or allegation that 
veteran's preference has not 
been accorded to an eligible 
veteran must be filed with 
either the Office of State 
Personnel or the Office of 
Administrative Hearings. Such 
claims must be filed in a manner 
consistent with the requirements 
of G.S. 150B-23 and no later 
than 30 days from the receipt of 
the notice or decision which the 
claim is based upon. Such 
claims shall be heard as 
contested cases pursuant to G.S. 
150B-2(2) and G.S. 150B, Article 
3. The State Personnel 
Commission, may, upon a finding 
that veteran's preference was 
denied in violation of these 
rules, order tlie hiring or 
reinstatement of any affected 
person, as vjell as any other 
remedy necessary to correct tlie 
violation . 



660 



NORTH CAROLINA REGISTER 



FINAL RULES 

IVhen the text of any adopted 
rule differs from the text of 
that rule as proposed, upon 
request from the adopting 
agency, the text of the adopted 
rule will be published in this 
section . 

IVhen the text of any adopted 
rule is identical to the text of 
that as proposed, adoption of 
the rule will be noted in the 
"List of Rules Affected" and the 
text of the adopted rule will 
not be republished. 

Adopted rules filed by the 
Departments of Correction, 
Revenue and Transportation are 
published in this section. 
These departments are not 
subject to the provisions of 
G.S. 150B, Article 2 requiring 
publication of proposed rules. 



TITLE 5 



CHAPTER 2 



DEPARTMENT OF 
CORRECTION 

DIVISION OF 
PRISONS 



SUBCHAPTER 2F 



SECTION .2000 



CUSTODY AND 
SECURITY 

G.S. 148-4.1 
EARLY PAROLE 



.2002 PROCEDURE 

(a) Whenever the Secretary of 
Correction determines from data 
compiled by the Department of 
Correction that it is necessary 
to reduce the prison population 
to a more manageable level, he 
shall direct the Parole 
Commission to release on parole 
over a reasonable period of time 
a number of prisoners sufficient 
to that purpose . 

(b) In addition to the 
directions of the Parole 
Commission set forth in Section 
.2002 (a) of this Rule, the 
Secretary of Correction may 
certify to the Parole Commission 
that certain named inmates who 
are eligible for parole under 
Article 85A of Chapter 1 5A pose 
no threat to society. As a 
result of this certification and 
in accordance with G.S. 
148-4. 1(c), these inmates shall 
be eligible for early parole 
nine months prior to the 
discharge date otherwise 
applicable and six months prior 
to the date of automatic ninety 
day parole authorized by G.S. 
15A-1380.2. 

History Note : Filed as a 



Temporary Amendment Eff . 

November 19, 1986, for 

a Period of 44 Days to expire 

on January 1, 1987; 

Filed as a Temporary Rule 

Eff. April 22, 1985, for a 

Period of 71 Days 

to Expire on July 1, 1985; 

Statutory Authority G.S. 

148-4.1; 148-11; 

Eff. July 1, 1985; 

Amended Eff. January 1, 1987. 

.2003 CRITERIA 
Inmates eligible to be 
considered for certification by 
the Secretary of Correction 
under Section .2002(b) shall be 
subject to the following 
exclusions : 
( 1 ) Inmates must not be 

serving a sentence for 
conviction of first or second 
degree murder, first or 
second degree rape, first or 
second degree sexual offense, 
drug trafficking, first or 
second degree kidnapping, or 
sexual offenses upon children 
as prohibited under G.S. 
14-21; 14-26; 14-27.4, 
14-27.5, and 14-27.7. 

(2) Inmates must be in minimun 
or medium custody and, if in 
medium custody, must have 
sucessfully completed 
prerelease training. 

(3) Inmates must not be 
serving consecutive sentences 
for escape. 

(4) Inmates must not have 
committed a prison rule 
infraction of an aggressive, 
assaultive, or sexually 
abusive nature within 90 days 
from the date of review by 
Prison Officials. 

(5) Release must not results 
in an apparent or 
unacceptable risk to the 
community . 

(6) Inmates must not be in 
serious need of physical or 
mental health treatment 
unless such treatment is 
available in the community. 

(7) A misdemeanant offender or 
short-term felon must have 
served a minimum of 60 days, 
unless the inmate is being 
released to an appropriate 
treatment program. 

(8) Inmates must not have been 
sentenced under G.S. 15A-1351 
to an active term of 
imprisonment as a condition 
of special probation. 

History Note: Filed as a 
Temporary Amendment Eff. 
November 19, 1986 for a 
Period of 44 Days to Expire 
on January 1, 1987; 
Filed as a Temporary Rule 



NORTH CAROLINA REGISTER 



661 



Eff. April 22, 1985, for a 

Period of 71 Days 

to Expire on July 1, 1985; 

Statutory Authority G.S. 

148-4.1; 148-11; 

Eff. July 1 , 1985; 

Amended Eff. January 1, 1987. 

.2004 SCREENING 

The Department of Correction 
shall send to appropriate 
officials within the Division of 
Prisons a list of all inmates 
who were sentenced under the 
Fair Sentencing Act and who have 
365 days (1 year) remaining 
prior to their release date. 
The Division of Prisons shall 
screen and delete names from the 
list in accordance with the 
following process: 

(1) The Division will delete 
from the list the names of 
all inmates excluded under 
Section .2003 

(2) The Area or Institution 
Classification Authority will 
review each inmate's 
institutional behavior to 
determine whether the 
inmate's behavior during the 
preceding 90 day period 
warrants the certification by 
the Secretary of Correction 
that the inmate does not pose 
a threat to society. 

(3) Recommendation for 
certification that the inmate 
does not pose a threat to 
society will be indicated on 
the list by the Area or 
Institutional Classification 
Authority . 

(4) Inmates not recommended 
for certification will be 
deleted from the list. 

(5) The completed list will be 
sent to the Classification 
Services Section for 
processing. The 
classification Services 
Section will send the 
recommendations along with 
the file on each inmate to be 
considered to a committee of 
advisors to be named by the 
Secretary of Correction. 

History Note; Filed as a 
Temporary Amendement Eff. 
November 19, 1986, for a 
Period of 44 Days to Expire 
on January 1, 1986; 
Filed as a Temporary Rule 
Eff. April 22, 1985, for a 
Period of 71 Days to Expire 
on July 1 , 1985; 
Statutory Authority G.S. 
148-4.1; 148-11; 
Eff. July 1 , 1985; 
Amended Eff. January 1, 1987. 

.2005 CERTIFICATION 

(a) The committee appointed by 



the Secretary of Correction to 
review recommendations shall 
determine compliance with these 
rules and further consider 
whether to recommend to the 
Secretary of Correction that an 
inmate be certified as posing no 
threat to society. This 
committee will deliver to the 
Secretary of Correction its 
recommendations for such 
certification . 

(b) The Secretary of 
Correction in his discretion 
shall certify from the 
recommendations made to him, 
which innate, in his opinion, 
pose no threat to society and a 
certification and the names of 
such inmates shall be sent to 
the Parole Commission in 
accordance with G.S. 148-4.1 (c). 

History Note: Filed as a 
Temporary Amendment Eff. 
November 19, 1986, for a 
Period of 44 Days 
to Expire on January 1, 1987; 
Filed as a Temporary Rule Eff. 
April 22, 1985, for a 
Period of 71 Days 
to Expire on July 1, 1985; 
Statutory Authority G.S. 
148-4.1; 148-11; 
Eff. July 1, 1985; 
Amended Eff. January 1, 1987. 

.2006 PAROLE COMMISSION REVIEW 

Upon receipt from the 
Secretary of Correction of a 
certification that in his 
opinion the inmate eligible for 
parole under Article 85A of 
Chapter 1 5A poses no threat to 
society, the Parole Commission 
will review such inmates for 
early release in accordance with 
G.S. 148-4. 1(c). 

History Note: Filed as a 
Temporary Amendment Eff. 
November 19, 1986, for 
a Period of 44 Days 
to Expire on January 1, 1987; 
Filed as a Temporary Rule Eff. 
April 22, 1985, for a 
Period of 71 Days 
to Expire on July 1, 1985; 
Statutory Authority G.S. 
15A-1380.2; 
148-4.1; 148-11; 
Eff. July 1 , 1985; 
Amended Eff. January 1, 1987. 

.2007 SUPERVISION 
Whenever an inmate is paroled 
in accordance with these 
procedures, the Parole 
Commission may impose all the 
conditions listed in G.S. 
15A-1374. These conditions will 
apply throughout the period of 
parole supervision. 



662 



NORTH CAROLINA REGISTER 



History Note : Filed as a 
Temporary Rule Eff. 
November 19, 1986, for a 
Period of 44 Days 
to Expire on January 1, 1987; 
Statutory Authority G.S. 
15A-1380.2; 
148-4.1; 148-11; 
Eff. January 1, 1987. 



CHAPTER 4 



PAROLE COMMISSION 



SECTION .1800 



G.S. 148-4.1 
EARLY PAROLE 



.1803 PROCEDURE: ONE YEAR 
PRIOR TO INMATE'S 
RELEASE DATE 
The following steps should be 
followed during the year prior 
to the inmate's release date: 

(1) Approximately 15 months 
prior to the inmate's release 
date, the analyst should 
request that the Division of 
Adult Probation and Parole 
conduct an interview on the 
individual using a 
computerized interview form 
provided by the analyst . The 
analyst will allow 30 days 
for the completion of this 
interview . 

(2) The Division of Prisons 
will be provided with a list 
of all inmates sentenced 
under the Fair Sentencing Act 
who have one year remaining 
to serve prior to their 
release date. Division of 
Prisons officials will screen 
this list of individuals as 
provided in 5 NCAC 2F .2004. 
The Classification Services 
Section of the Division of 
Prisons will provide a list 
of individuals certified 
eligible for parole under 
G.S. 148-4.1 to the Parole 
Commission . 



History 
Tempera 
Novembe 
Period 
on Janu 
Filed a 
Eff. Ap 
Period 
to Expi 
Statute 
148-57; 
Eff. Ju 
Amended 

1987. 



Note: Filed as a 

ry Amendment Eff. 

r 19, 1986, for a 

of 44 Days to E.xpire 

ary 1, 1987; 

s a Temporary Rule 

ril 22, 1985, for a 

of 71 Days 

re on July 1 , 1985; 

ry Authority 148-4.1; 

ly 1, 1985; 

Eff. January 1 , 



.1804 REVIEW BY PAROLE 

COMMISSION ANALYST 
(a) Upon receipt of the list 
of inmates certified eligible 
for parole by the Secretary of 
Correction, the Parole 
Commission Analyst will obtain 



the inmate file and conduct a 
review . 

(b) The Parole Commission 
Analyst will prepare a parole 
memorandum for each inmate 
recommended for the Parole 
Commission's review for possible 
approval . 

History Note: Filed as a 
Temporary Amendment Eff. 
November 19, 1986, for a 
Period of 44 Days to Expire 
on January 1, 1987; 
Filed as a Temporary Rule Eff. 
April 22, 1985, for a 
Period of 71 Days 
to Expire on July 1, 1985; 
Statutory Authority 
G.S. 148-57; 
Eff. July 1, 1985; 
Amended Eff. January 1, 1987. 

.1805 PAROLE COMMISSION 
REVIEW 

The Parole Commission will 
determine whether an inmate 
certified eligible for parole 
will be paroled. If approved 
for parole, the Parole 
Commission Analyst will retain 
the file until the inmate has 30 
days before parole eligibility 
at which time the parole orders 
will be processed. The parole 
orders will then be sent to the 
Division of Adult Probation and 
Parole with notices to the 
Division of Prisons to allow for 
the inmate to be paroled. 

History Note: Filed as a 
Temporary Amendment Eff. 
November 19, 1986, for a 
Period of 44 Days to Expire 
on January 1, 1987; 
Filed as a Temporary Rule Eff. 
April 22, 1985, for a 
Period of 71 Days 
to Expire on July 1, 1985; 
Statutory Authority G.S. 
148-4.1; 148-57; 
Eff. July 1, 1985; 
Amended Eff. January 1, 1987. 

TITLE 17 - DEPARTMENT OF REVENUE 



SUBCHAPTER IC 



SECTION .0400 



GENERAL 
ADMINISTRATION 

INTEREST 
REQUIREMENTS 



.0402 ESTABLISHED INTEREST 
RATES 

(g) For the calendar year 
1987, the Secretary of Revenue 
under the authority of 
subsection (i) of G.S. 105-241.1 
has established on November 18, 
1986 an interest rate of nine 
percent (.9'/.) per annum. The 
computation shall be at the rate 



NORTH CAROLINA REGISTER 



663 



of three-fourths percent (3/4%) Eff. November 9, 1977; 

per month or fraction thereof. Amended Eff. January 1, 1987; 

January 1 , 1 986; 
History Note: Statutory January 1, 1985; 

Authority G.S. 105-241.1; January 1, 1984. 

105-262; 



664 NORTH CAROLINA REGISTER 



NORTH CAROLINA ADMINISTRATIVE CODE 
LIST OF RULES AFFECTED 



EDITION XI 


NO. 2 








AGENCY 










COMMERCE 










4 


NCAC 


7 


.0507 




CORRECTION 










5 


NCAC 


2B 
2B 
2B 
2C 
2E 


.0201 
.0203 
.0302 
.0503 
.010? 








2E 


.0701- 


.0707 


^- 




2E 


.0708 








2E 


.1301- 


.1309 






2H 


.0101- 


.0105 


GOVERNOR'S 


OFFICE 


2 






9 


NCAC 




HUMAN RESOURCES 








10 


NCAC 


7A 
14B 
14C 


.0503 
.0109 
.0401 








14C 


.0405- 


.0415 






30 


.0214 








45G 


.0308 








45H 


.0202- 


.0203 






45H 


.0205 








49C 


.0100- 


.0500 


REVENUE 










17 


NCAC 


6B 


.3501 





EFFECTIVE: December 1, 1986 
ACTION TAKEN 

Amended 



Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Adopted 
Adopted 
Adopted 



EXECUTIVE ORDER NO. 29 
Eff. October 2, 1986 



Adopted 

Repealed 

Repealed 

Repealed 

Amended 

Adopted 

Amended 

Amended 

Adopted 



Amended 



NORTH CAROLINA REGISTER 



665 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 



TITLE 

1 

2 

3 

4 

5 

6 

7 

8 

9 
10 
11 
12 
13 
14A 
15 
16 
17 
18 
19A 
20 
K21 
22 
23 
24 
25 
26 



DEPARTMENT 



Administration, 
Agriculture, De 
Auditor, Depart 
Commerce, Depar 
Corrections, De 
Council of Stat 
Cultural Resour 
Elections, Stat 
Governor 
Human Resources 
Insurance, Depa 
Justice, Depart 
Labor, Departme 
Crime Control 
Natural Resourc 
Education. Depa 
Revenue, Depart 
Secretary of St 
Transportation, 
Treasurer, Depa 
Occupational Li 
Administrative 
Community Colle 
Independent Age 
Personnel, Depa 
Office of Admin 



Department of 
partment of 
ment of State 
tment of 
partment of 
e 

ces. Department 
e Board of 

, Department of 

rtment of 

ment of 

nt of 

Department of 

es and Community Development 

rtment of 

ment of 

ate 

Department of 
rtment of State 
censing Boards 
Procedures 
ges. Department of 
ncies 

rtment of State 
istrative Hearings 



NOTE: Title 21 contains the chapters of the various 
occupational licensing boards. 



CHAPTER 

2 

4 

6 

8 
10 
12 
14 
16 
18 
20 
21 
22 
26 
28 
30 
31 
32 
33 
34 
36 
37 
38 
40 
42 
44 
46 
48 
50 
52 
53 
54 
56 
58 
60 
62 
64 

66 



LICENSING BOARD 

Architecture, Board of 

Auctioneers, Commission for 

Barber Examiners, Board of 

Certified Public Accountant Examiners 

Chiropractic Examiners, Board of 

Contractors, Licensing Board for 

Cosmetic Art Examiners, Board of 

Dental Examiners, Board of 

Electrical Contractors, Board of Examiners 

Foresters, Board of Registration for 

Geologists, Board of 

Hearing Aid Dealers and Fitters Board 

Landscape Architects, Licensing Board of 

Landscape Contractors, Registration Board of 

Law Examiners, Board of 

Martial & Family Therapy Certification Board 

Medical Examiners, Board of 

Midwifery Joint Committee 

Mortuary Science, Board of 

Nursing, Board of 

Nursing Home Administrators, Board of 

Occupational Therapist, Board of 

Opticians, Board of 

Optometry, Board of Examiners in 

Osteopathic Examination and Registration 

Pharmacy, Board of 

Physical Therapy, Examining Committee of 

Plumbing and Heating Contractors, Board of 

Podiatry Examiners, Board of 

Practicing Counselors, Board of 

Practicing Psychologists, Board of 

Professional Engineers and Land Surveyors 

Real Estate Commission 

Refrigeration Examiners, Board of 

Sanitarian Examiners, Board of 

Speech and Language Pathologists and 

Audiologists, Board of Examiners of 
Veterinary Medical Board 



666 



NORTH CAROLINA REGISTER 



CUMULATIVE INDEX 
(April 1, 1986 - March 31, 1987) 



1986 



Pages 



Issue 

April 

May 

June 

July 

August 

September 

October 

November 

December 



1-73 .... 

74-97 .... 

98-132 .... 

133 - 222 .... 

223 - 379 .... 

380 - 415 .... 

416 - 553 .... 

554 - 598 .... 

599 - 670 .... 

AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

E - Errata 

EO - Executive Order 

FDL - Final Decision Letters 

PR - Pinal Rule 

GS - General Statute 

JO - Judicial Order 

LRA - List of Rules Affected 

M - Miscellaneous 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 

ADMINISTRATION 
Administrative Analysis, 614 PR 
Auxiliary Services, 611 PR 
Departmental, 606 PR 
Office of Marine Affairs, 382 PR 
Public Telecommunications, 614 PR 
Purchase and Contract, 423 PR 
State Employees Combined Campaign, 430 PR 

ADMINISTRATIVE ORDERS 
Beecher Reynolds Gray, 47 AO 
Fred Gilbert Morrison, Jr., 48 AO 
Angela Rebecca Bryant, 49 AO 
Thomas R. West, 50 AO 
Abraham Penn Jones, 98 AO 
Administrative Law Judges, 248 AO 
Margaret Eugenia Rogers, 419 AO 
Kenneth Wayne Patterson, 420 AO 

AGRICULTURE 
Dept . of Agriculture, 250 SO, 558 PR 

Food and Drug Protection Division, 99 PR, 255 PR, 557 PR 
Markets, 559 PR 
Plant Industry, 256 PR 
Standards Division, 558 PR 
Structural Pest Control, 557 PR, 599 C 

ATTORNEY GENERAL'S OPINIONS 
Employee Insurance Committees, 603 AG 

COMMERCE 
ABC Commission, 615 PR 
Cemetary Commission, 559 PR 
Milk Commission, 74 PR, 135 PR, 260 PR 
Savings and Loan, 78 PR, 560 PR 

COMMUNITY COLLEGES 



NORTH CAROLINA REGISTER 



667 



Community Colleges, 210 PR, 534 PR 

CORRECTION 
Division of Prisons, 213 PR, 347 PR, 575 PR, 661 PR 
Parole Commission, 563 PR 

CRIME CONTROL & PUBLIC SAPETY 
ALE, 631 PR 

CULTURAL RESOURCES 
Archives and History, 78 PR 
Battleship Commission, 388 PR 
Roanoke Voyages & Eliz. II, 261 PR 

EXECUTIVE ORDERS 
Executive Orders 1-25, 



25, 


23 


EO 


26, 


247 


EO 


27, 


416 


EO 


28, 


417 


EO 


29, 


554 


EO 



PINAL DECISION LETTERS 
Voting Rights Act, 249 FDL, 421 PDL, 555 FDL, 600 FDL 

GENERAL STATUTES 
Chapter 7A, 21 GS, 244 GS 
Chapter 150B, 3 GS, 226 GS, 380 C 
Chapter 1028, 223 GS 

HUMAN RESOURCES 
Child Day Care, 281 PR, 631 PR 
Children Services, 103 PR 
Facility Services, 270 PR 
Food Assistance, 103 PR 

Health Services, 169 PR, 388 PR, 434 PR, 563 PR 
Individual and Family Support, 103 PR 
Medical Assistance, 181 PR, 389 PR, 501 PR 
Medical Care Commission, 433 PR 
Medical Services, 101 PR 
Mental Health Retardation 

and Substance Abuse, 80 PR, 298 PR, 350 FR, 380 C 
Social Services, 390 PR, 616 PR 
Youth Services, 85 PR, 309 PR 

INDEPENDENT AGENCIES 
Housing Finance, 658 PR 

INSURANCE 
Agency Services, 313 PR 
Company Operations, 503 PR 
Engineering & Building, 321 PR, 564 PR 
Fire and Casualty, 501 PR 
Medical Database, 565 PR 

JUDICIAL ORDERS 
Appointment 
Robert A. Melott, 45 JO 

JUSTICE 
Alarm Systems Licensing, 556 SO 
Education and Training Standards, 322 PR 
Police and Information Network, 107 PR 
Private Protective Services, 556 SO 
Sheriff's Education, 332 PR 

LABOR 
Boiler and Pressure Vessel, 86 PR, 189 PR, 338 PR 
Elevator Division, 517 PR 

LICENSING BOARD 
C P A Examiners, 112 PR, 133 SO, 529 PR 
Dental Examiners, 399 PR, 533 PR 
General Contractors, 573 PR 
Medical Examiners, 92 PR, 399 PR 



668 NORTH CAROLINA REGISTER 



Midwifery Joint Committee, 422 SO 

Mortuary Science, 534 PR 

Nursing, 422 SO, 574 PR 

Occupational Therapy, 206 PR 

Pharmacy, 208 PR 

Plumbing and Heating Contractors, 116 PR 

Real Estate Commission, 401 PR 

Social Work, 653 PR 

Veterinary Medical Board, 341 PR 

LIST OF RULES AFFECTED 
Volume 10, No. 1 

(April 1, 1986), 71 LRA 
Volume 10, No . 2 

(May 1, 1986), 94 LRA 
Volume 10, No . 3 

(June 1 , 1986), 127 LRA 
Volume 10, NO . 4 

(July 1 , 1986), 217 LRA 
Volume 10, No . 5 

(August 1, 1986), 374 LRA 
Volume 10, No. 6 

(September 1, 1986), 410 LRA 
Volume 10, No. 7 

(October 1, 1986), 548 LRA 
Volume 11, No. 1 

(November 1, 1986), 594 LRA 
Volume 11, No . 2 

(December 1, 1986), 665 LRA 

MISCELLANEOUS 
Federal Rule Amendment, 381 M 

NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 
Natural Resources & Community Development, 133 SO 
Coastal Management, 112 FR, 401 FR, 571 PR 
Departmental Rules, 109 PR, 1 1 8 FR 
Economic Opportunities, 528 PR 
Employmental and Training, 111 PR 
Environmental Management, 88 PR, 190 PR, 339 PR, 396 PR, 520 PR, 

632 PR 
Forest Resources, 126 FR 
Marine Fisheries, 191 PR 
Soil and Water, 90 PR, 521 PR 
Wastewater Treatment, 397 PR 
Wildlife Resources and Water Safety, 110 PR, 205 PR, 340 PR, 398 PR 

422 SO, 527 PR, 634 PR 

OFFICE OF ADMINISTRATIVE HEARINGS 
Office of Administrative Hearings, 51 SO 
General, 52 PR, 345 PR 

Hearings Division, 61 PR, 345 PR, 369 FR 
Rules Division, 52 PR, 367 FR 
706 Deferral, 543 PR 

REVENUE 
Corporate Income Tax, 350 FR 
Departmental, 663 FR 

Individual Income Tax, 351 FR, 593 FR 
Intangible Tax, 366 FR 
Sales & Use Tax, 363 FR 

SECRETARY OF STATE 
Notary Public, 91 PR, 367 FR 

STATE PERSONNEL 
State Personnel Commission, 343 PR, 538 PR, 659 PR 

STATE TREASURER 
Local Government Commission, 529 PR 

STATEMENTS OF ORGANIZATION 
Agriculture, 250 SO 
Alarm System Licensing, 556 SO 

NORTH CAROLINA REGISTER 669 



CPA Examiners, 133 SO 

Midwifery Joint Committee, 422 SO 

Natural Resources and Community Development, 133 SO 

Nursing, 422 SO 

Office of Administrative Hearings, 51 SO 

Private Protective Services, 556 SO 

Wildlife Resources Commission, 422 SO 

TRANSPORTATION 
Department of Transportation, 213 FR, 367 FR, 546 FR 



670 NORTH CAROLINA REGISTER 



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